(1) Cri. Application No. 2609 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 2609 of 2011 Rangnath Nagnathrao Deshmane, Age : 45 years, Occupation : Business, .. Applicant R/o. Prashantnagar, Ambajogai, (Original District : Beed. complainant) versus Sanjay Santram Vhavale, Age : 36 years, Occupation : Business, R/o. Milindnagar, Parli, .. Respondent District : Beed. (Original accused) ....................... Mr. Vivek Bhavthankar, Advocate, for the applicant. Mr. G.D. Kale, Advocate, holding for Mr. M.V. Nagargoje, Advocate, for the respondent. ........................ (2) Cri. Application No. 2609 of 2011 CORAM : SHRIHARI P. DAVARE, J. DATE : 1ST DECEMBER 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 judgment and order of acquittal, dated 2nd April 2011, rendered by the learned Judicial Magistrate (First Class), Ambajogai, in Summary Case No. 1599/2010, thereby acquitting the respondent (original accused) for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 3. I have perused the impugned judgment dated 2nd April 2011, and record and proceedings with the assistance of the learned Counsel for the parties. 4. Considering the agreement between the complainant and accused, dated 3rd February 2008, which has been notarized, and considering the position, that the cheque numbers of the five disputed cheques, in question, have been reflected therein, and further considering the position that the said cheques have been (3) Cri. Application No. 2609 of 2011 issued by the accused to the complainant, in the capacity of Proprietor, Deepa Electricals & Contractor, Parli-Vaijnath, matter requires re-consideration. 5. Hence, present Criminal Application is allowed, and leave to file appeal is granted, and the present Criminal Application be treated as Criminal Appeal. 6. Admit. 7. Mr. G.D. Kale, learned Counsel holding for Mr. M.V. Nagargoje, waives service of notice for the respondent, after admission. 8. Respondent to furnish same bail but to execute fresh bond before trial court, within four weeks. 9. Record and proceedings be sent back to the concerned court. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/kapp2609 (4) Cri. Application No. 2609 of 2011