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2011 Supreme(Bom) 560

SHRIHARI P.DAVARE
Shantaram s/o Laxman Tande – Appellant
Versus
Dipak s/o Madhav Gaikwad – Respondent


Advocates appeared:
For the Applicants:R.O. Awsarmol, S.T. Ghute, C.S. Dharurkar, holding for Shri V.S. Gaike, P.K. Lakhotia, holding for R.R. Chandak, A.D. Kasliwal, B.A. Dhengle, Advocates.
For the Respondents:M.M. Patil (Beedkar), K.S. Bhore, R1, S.J. Salunke, Advocates, S.D. Hiwarekar, R2, V.G. Shelke, A.P.P.

Judgment :

Shrihari P. Davare, J.

1. Heard learned counsel for the respective parties.

2. The applicants in the aforesaid applications are the original complainants who had filed complaints against the respondents (original accused) under Section 138 of the Negotiable Instruments Act (hereinafter referred to as "NI Act" for brevity's sake) before the respective learned Judicial Magistrates. However, the said complaints were dismissed by the learned respective Magistrates for the reasons stated in the judgments and orders delivered in the respective cases, and thereby acquitted the respective accused for the offence punishable under Section 138 of the NI Act. Hence, being aggrieved and dissatisfied by the said respective judgments and orders of acquittals, original complainants have preferred present applications before this Court, seeking leave to file appeal under Section 378 (4) of the Code of Criminal Procedure, 1973. (hereinafter referred to as the `Code' for the sake of brevity.)

3. At the outset, learned Counsel for the respective respondents-accused raised objection regarding the maintainability of present applications, by contending that the present applications seeking le
















































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