(1) Cri. Application No. 2088 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 2088 of 2011 The Aurangabad People's Cooperative Bank Ltd., Aurangabad, Through its Authorised Officer, Shri Radhakisan Rustum Pawar, Age : 51 years, .. Applicant Occupation : Service, (Original R/o. Begumpura, Aurangabad. complainant) versus Ramdas Maruti Kurade, Age : Major, Occupation : Agriculture, R/o. C/o. Dhanayat Wastee, .. Respondent Gangapur, Dist. : Aurangabad. (Original accused) ....................... Mr. Virendra Kale, Advocate, for the applicant. Mr. Amol Ghule Patil, Advocate, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 12TH DECEMBER 2011 (2) Cri. Application No. 2088 of 2011 COURT'S ORDER : 1. Heard learned respective Counsel for the parties. 2. This is an application preferred by the applicant (original complainant) seeking leave to file appeal challenging the impugned order dated 4-9-2010, passed by the learned 3rd Judicial Magistrate (F.C.), Aurangabad, in S.C.C. No. 9001 of 2004, thereby dismissing the complaint, in default, and acquitting the accused i.e. respondent herein, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 3. I have perused the impugned order dated 4-9-2010, and the record and proceedings with the assistance of the learned Counsel for the parties. 4. At the outset, it appears from the impugned order that the complaint filed by the complainant under Section 138 of the Negotiable Instruments Act, 1881, came to be dismissed in default and the accused was acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act, under Section 256 of the Code of Criminal Procedure, 1973, and hence, apparently, it is a technical dismissal and not the dismissal on its own merits, and hence, present Application deserves to be allowed. (3) Cri. Application No. 2088 of 2011 5. In the result, present Criminal Application is allowed. Leave to file appeal is granted. Present Criminal Application be treated as appeal. Office to register and number it as Criminal Appeal. 6. Admit. 7. Learned Counsel, Mr. Amol Ghule Patil, waives service of notice for the respondent, after admission. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka2088