PRATAP Vs. BHAGWANDAS

JUDGEMENT

(1.) Learned Advocate for Respondent has filed affidavit-in-reply and the same is taken on record.

(2.) Heard learned Counsel for the parties.

(3.) This is an application preferred by the applicant (original complainant) seeking leave to file appeal, challenging order dated 14.10.2010, passed by the learned Judicial Magistrate, First Class, Jalgaon, in Summary Criminal Case No. 579 of 2004, thereby dismissing the said complaint in default under Section 256 of the Code of Criminal Procedure and consequently, acquitting the Respondent herein (original accused) for the offence punishable under Section 138 of the Negotiable Instruments Act.