TERNA SHETKARI SAHAKARI SAKHAR KARKHANA LTD Vs. ANANT LAXMAN GHOGRE

JUDGEMENT

(1.) Heard learned Counsel for the respective parties.

(2.) This is an application, preferred by the applicant (original complainant), seeking leave to file appeal, challenging the order, dated 20.9.2010, passed by the learned Judicial Magistrate, First Class, Osmanabad, in S.C.C. No. 1079 of 2010, thereby dismissing the said complaint under Section 256 of the Code of Criminal Procedure, for want of prosecution and acquitting the accused for the offence punishable under Section 138 of the Negotiable Instruments Act.

(3.) Considering the contents of the application and after considering the rival submissions advanced by the learned Counsel for the parties, since the dismissal of the complaint for want of prosecution by order, dated 20.9.2010, is a technical dismissal under Section 256 of the Code of Criminal Procedure and not on merits, leave to file appeal granted. Present application be treated as appeal.