FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO.3237/2010 Mr. H.I.Pathan advocate for applicant. None appears for the respondent although served. CORAM : SHRIHARI P. DAVARE, J. DATE : 22 nd JUNE, 2011. 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 dated 21.6.2010, rendered by Judicial Magistrate First Class (Court No.1), Kalamnuri In SCC No.304/2005, there by acquitting the respondent/original accused for the offence punishable under section 138 of Negotiable Instruments Act. 3. On perusal of the impugned judgment dated 21.6.2010 it appears that complaint filed by the complainant under section 138 of Negotiable Instruments Act has been dismissed by the learned trial Court mainly on the ground of limitation. However, considering the dates mentioned in the impugned judgment, it appears that said aspect FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders requires re-consideration. Hence, present application seeking leave to file appeal is allowed and same be treated as APPEAL. 4. Issue notice to the respondent regarding admission of appeal returnable within FOUR WEEKS i.e.20.7.2011. [ SHRIHARI P. DAVARE, J. ] --- Dt : 22.06.2011 aaa/3237.10