(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3215 of 2010 Vithalsingh s/o. Suppadsingh Rajput, Age : 75 years, Occupation : Agriculture, R/o. Amanatpurwadi, Taluka : Vaijapur, District : Aurangabad. .. Applicant. versus 1. Anil s/o. Laxman Bhise, Age : 45 years, Occupation : Agriculture, R/o. Plot No.51, Osmanpura, Near Pawan Gas Agency, Aurangabad. 2. The State of Maharashtra. .. Respondents. ....................... Mr. C.V. Dharurkar, Advocate, holding for Mr. V.S. Gaike, Advocate, for the applicant. Mr. S.J. Salunke, Advocate, for respondent no.1. Mr. B.V. Wagh, Additional Public Prosecutor, for respondent no.2. ........................ (2) CORAM : SHRIHARI P. DAVARE, J. DATE : 1ST JULY 2011 COURT'S ORDER : 1. Heard learned Counsel for the parties. 2. This is an application preferred by the applicant (original complainant) seeking leave to file appeal challenging the judgment and order of acquittal dated 11-1-2010, rendered by the learned Judicial Magistrate (F.C.), Vaijapur, in Summary Criminal Case No. 120/2007, thereby acquitting the respondent no.1 (original accused) for the offence punishable under Section 138 of Negotiable Instruments Act, 1881. 3. It appears that after recording the examination in chief of the complainant, he did not remain present for cross examination thereafter on two dates, and hence, learned trial court observed that only contents of examination in chief cannot be accepted and believed, and therefore, consequently acquitted the accused under Section 255 of Cr.P.C. for the offence punishable under Section 138 of Negotiable Instruments Act. 4. Hence, the matter requires re-consideration, and (3) therefore, leave to file appeal is required to be granted. Accordingly, present Application is allowed and leave to file appeal granted to the applicant, and the present Application be treated as Appeal. 5. Admit. 6. At the request of learned Counsel for parties, hearing of the appeal is expedited. 7. Adv. Mr. S.J. Salunke waives service of notice for respondent no.1 after admission, and learned APP Mr. B.V. Wagh waives service of notice for respondent no.2 after admission. 8. Paper Book stands dispensed with. 9. Call Record & Proceedings from the concerned court. 10. Stand over for three weeks i.e. 22nd July 2011, for final hearing. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/3215ka