MAHARASHTRA STATE COOPERATIVE MARKETING FEDERATION LTD Vs. BALIRAJA KRUSHISEVA BIJOTPADAK VA VI TARAK SAHAKARI SANSTHA LTD

JUDGEMENT

(1.) Heard Mr. Thombre learned Counsel for the applicant (Original Complainant) and Mr. S. J. Salgare, holding for Smt. S.S. Jadhav, learned Counsel for Respondent Nos. 1 to 3.

(2.) This is an application preferred by the applicant Appellant( Original complainant) seeking leave to file an appeal, challenging the order dated 23rd September, 2009, passed by the learned 3rd Joint Judicial Magistrate First Class, Osmanabad in S.C.C. No. 1252 of 2004, thereby dismissing the complaint filed by the complainant i.e. applicant herein in default, under Section 256 of the Code of Criminal Procedure and acquitting the Respondents accused for the offence punishable under Section 138 of the Negotiable Instruments Act.

(3.) I have perused the impugned order dated 23rd September, 2009, as well as considered the submissions advanced by the learned Counsel for the parties. Since the dismissal of the complaint by order dated 23rd September, 2009, is technical dismissal i.e. dismissal in default under Section 256 of the Code of Criminal Procedure, and not on its own merits, the principles of natural justice require that opportunity be given to the parties to prosecute, as well as to contest the matter, on its own merits. Therefore, leave is required to be granted to the applicant to file an appeal challenging the impugned order dated 23rd September, 2009,passed by the learned 3rd Judicial Magistrate First Class, Osmanabad, in the interest of justice.