1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3678/2009 Vinod s/o Atmaram Talreja Applicant V E R S U S Needs Agencies Through its Proprietor Mohd. Nasiruddin s/o Mohd. Usmanoddin. Respondent Shri Shailendra Gangakhedkar, Advocate for applicant. Shri M.P.Kale,Advocate for the respondent. CORAM : SHRIHARI P. DAVARE, J. DATE : 3 rd MAY, 2011. PER COURT : 1. Heard learned counsel for the parties. 2. Mr. Gangakhedkar, tendered copy of the judgment and order dated 31.10.2006 rendered by trial court and same is taken on record. The applicant (original complainant) has preferred present application seeking leave to file appeal challenging the judgment and order dated 13.7.2009 passed by learned Additional Sessions Judge, Parbhani in Criminal Appeal no.78/2006 and Criminal Revision Application No.11/2007 thereby allowing said appeal and 2 acquitting the respondent/original accused for the offence punishable under section 138 of Negotiable Instruments Act. 3. Apparently complainant filed complaint under section 138 of Negotiable Instruments Act against accused before the trial Court and after assessing the evidence learned trial court convicted the accused by way of judgment and order dated 31.10.2006. Being aggrieved and dissatisfied by the said judgment of conviction accused preferred Criminal Appeal No.78/2006 and complainant preferred Criminal Revision No.11/2007 and both the said proceedings were decided by the First Appellate Court by way of judgment and order dated 13 th July, 2009 and thereby acquitted the accused. 4. Accordingly, there are two contrary judgments of the trial Court as well as First Appellate Court. Hence, it appears that matter requires consideration. 5. Besides that learned counsel for the parties submitted that connected Criminal Appeal No.81/2011 between the same parties has been admitted by this Court on 3.2.2011. 3 6. In the light of the aforesaid facts, present application seeking leave to file appeal is allowed and present application be treated as APPEAL. 7. ADMIT. 8. Mr. M.P. Kale, Advocate appearing for respondent waives service of notice for respondent after admission. 9. Accordingly by consent present appeal be tagged along with CRIMINAL APPEAL NO.81/2011. ( SHRIHARI P. DAVARE ) JUDGE ... aaa/3678.09