BHARATKUMAR S/O. RAJANNA BAGDE Vs. VASANT TULSHIRAM SANGOLE
LAWS(BOM)-2017-9-358
HIGH COURT OF BOMBAY
Decided on September 21,2017

Bharatkumar S/O. Rajanna Bagde Appellant
VERSUS
Vasant Tulshiram Sangole Respondents

JUDGEMENT

ROHIT B.DEO,J. - (1.) The appellant is challenging the judgment in Summary Criminal Case 1528 of 2002 dated 4.6.2004 delivered by Judicial Magistrate First Class, Washim by and under which the respondent is acquitted of offence punishable under section 138 of Negotiable Instruments Act, 1881 ("Act" for short).
(2.) When the appeal was called out on 13.3.2017, there was no appearance on behalf of the appellant. The appeal was adjourned till today subject to payment of cost of Rs. 301/to be deposited with the High Court Legal Aid Sub Committee. Even today, there is no appearance on behalf of the appellant. The costs have not been deposited. It is apparent that the Court is not likely to receive any assistance from the counsel for the appellant. I therefore, intend to decide the appeal on merits consistent with the dictum of the Hon'ble Supreme Court in Bani Singh v. State of Uttar Pradesh, AIR 1996 (4) SCC 720 .
(3.) Shri. H.R. Dhumale, the learned APP has graciously agreed to assist the Court in the absence of the counsel for the appellant. None appears for the respondent though served.;


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