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1999 Supreme(Bom) 25

R.K.BATTA
Halen C. Pinheiro – Appellant
Versus
Kamaxi Steel Products – Respondent


ORDER

R.K. Batta, J. - The applicants have filed an application for bringing them on record as legal heirs of deceased Michael Francis Pinheiro in proceedings for leave to appeal against order of acquittal of respondents M/ s. Kamaxi Steel Products passed by Judicial Magistrate, First Class, Margao in Criminal Case No. 136/N/96/II. The said Michael Francis Pinheiro had filed a complaint regarding an offence under Section 138 of the Negotiable Instruments. Act, Judicial Magistrate, First Class, Margao, vide judgment dated 27th April, 1998 acquitted the respondents M/ s. Kamaxi Steel Products against which order an application for leave to appeal has been filed. The original complainant Michael Pinheiro died after the said Judgment and after filing application for leave to appeal. The leave to appeal was filed on 5th August, 1998 and the appellant died on 26th August, 1998. That is how his legal heirs now wish to prosecute leave to appeal and, for that purpose, they have filed an application for bringing them on record. This application is opposed by learned Advocate for the respondent.

2. Learned Advocate Shri Usgaonkar appearing on behalf of the legal heirs has placed before me































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