1 crap4711.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4711 OF 2010 [The Vaidyanath Urban Cooperative Bank Limited,Parli Vaijnath, Branch at Majalgaon vs Bhagwat s/o Gopinath Bhikare and anr.] _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri Ganacharya, advocate holding for Shri R.S.Deshmukh, advocate for the applicant Shri G.V.Nawandar, advocate for respondent no.1 Shri V.G.Shelke, A.P.P. for respondent no.2 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 4 th May, 2011. PER COURT :- 1 Heard learned counsel for the respective parties. 2 This is an application preferred by the applicant seeking leave to file appeal challenging the judgment and order, dated 13.9.2010, rendered by the learned Additional Chief Judicial Magistrate, Beed, in S.C.C. No. 77 of 2007, thereby acquitting the respondent no.1(original accused) under Section 138 of the Negotiable Instruments Act. 2 Apparently, it appears that the complaint came to be dismissed for non-compliance of mandatory provision of 2 crap4711.10 service of demand notice upon the accused by the complainant. However, apparently the envelope produced on record at Exh.31/C and the endorsement thereon is self- explicit, and therefore, matter requires consideration. 3 Accordingly, present application is allowed and leave to file appeal is granted and present application be treated as appeal. 4 Admit. 5 Shri G.V.Nawandar, learned counsel waives service of notice for respondent no.1 after admission, and A.P.P. Shri Shelke waives the service of notice for respondent no.2 after admission. 6 Respondent no.1 (original accused) to furnish same bail before the Trial Court, on which he was enlarged on bail by the Trial Court, but to execute fresh bond, within the period of four weeks. (SHRIHARI P. DAVARE, J.) dbm/crap4711.10