RAJENDRA SHAINTILAL MISTRY Vs. AJANTA PRINTPACK INDUSTRIES

JUDGEMENT

(1.) Heard Mr. Chatarjee learned counsel for the applicant (Original Complainant) and Mr. Pravin S. Patil, learned counsel for respondent Nos. 1 to 3.

(2.) This is an application preferred by the applicantappellant( Original complainant) seeking leave to file an appeal challenging the order dated 24th September, 2010 passed below Exh.1 in S.C.C.No. 9491 of 2007, by the learned Judicial Magistrate First Class10, Aurangabad, thereby dismissing the complaint filed by the complainant, and acquitting the respondentsaccused from the charge under section 138 of the Negotiable Instruments Act.

(3.) Appellant(original complainant) has filed complaint bearing S.C.C.No. 9491 of 2007 on 17.12.2007, before learned Judicial Magistrate First Class, Aurangabad against respondents (Original Accused) under section 138 of the Negotiable Instruments Act. Respondent NO.1 is partnership Firm and respondent Nos. 2 and 3 are partners thereof, who are managing affairs of respondent NO.1Firm. Accordingly, Judicial Magistrate First Class, Aurangabad issued summons to respondent Nos. 1 to 3 and their presence was secured on 18.01.2010, after issuance of Non Bailable Warrants against them.