1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 595 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: Shrihari P. Davare, J. Date : 20.04.2011. 1. Heard Shri B.N.Gadegaonkar, learned Adv. for applicant. None for the respondent, although served. 2. This is an application preferred by the applicant, seeking leave to file appeal, challenging the judgment and order dated 15.12.2010, passed by the learned Judge, Evening Court, Nanded, in SCC No.758 of 2008, below Exh..1, thereby acquitting present respondent-original accused for the offence punishable under Section 138 of the Negotiable Instruments Act, under Section 256 of the Code of criminal Procedure. 2 3. Considering the contents of the application and also considering impugned judgment, it appears that the dismissal of the complaint is on technical ground and not on merits, and therefore, leave to file appeal is granted. 4. Present application be treated as appeal. 5. Admit. 6. Issue notice to respondent, after admission. pnd/criap-595.11 (SHRIHARI P. DAVARE, J.)