CHANDRAKANT NIVRUTI BATKULWAR v. M/S PYARAMID ENERPRISES C.M.D. VILAS ANANDA KASURDE
ALP/17/2025 · 2025-04-23
Shri Neeraj P Dhote
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8093 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8093 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
960-ALP-17-2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 960 APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 17 OF 2025 Chandrakant Nivruti Batkulwar ….Appellant VERSUS M/s Pyaramid Enerprises C.m.d. Vilas Ananda Kasurde …..Respondent ….. Ms. Mapari Savita G., Advocate for Appellant ….. CORAM :
NEERAJ P. DHOTE, J. DATE : 23.04.2025 PER COURT :
1. This is an Application for Leave to Appeal by the Complainant in S.T.C No.1355/2014. Since the said Complaint, which was fled for the offence punishable under Sections 138 of the Negotiable Instrument Act, 1881, came to be dismissed for want of taking steps by the Complainant, by order 18/02/2017, this Application for Leave to Appeal is fled.
2. Though the Sole Respondent has caused appearance through the Advocate, none appears for the Sole Respondent. The order dated 08/04/2025 shows that, none appeared for the Sole Respondent and it was made clear that, if none appears for the Respondent on the next date, the Application would be heard. The previous orders dated 18/03/2025 and 27/01/2025 show that, none appeared for the Sole Respondent.
3. According to the learned Advocate for the Applicant, the Junior of the learned Advocate, who is looking after the Complaint, 1 2025:BHC-AUG:11853
960-ALP-17-2025.odt had left the Offce and there was non communication between the Senior and Junior Advocates. He submits that, the delay in prosecuting the Complaint was not intentional.
4. In view of the above, leave granted to prefer the Appeal against the said order passed by the learned Magistrate. The Application for Leave to Appeal stands disposed off. The Appeal shall be registered.
[NEERAJ P. DHOTE, J.] Sameer/April-2025 2 Signed by: Md. Sameer Q. Designation: PA To Honourable Judge Date: 24/04/2025 20:27:48