MADHAV SHRIRAMJI KHADSE Vs. RAJIV RAMRAO GHATOL

JUDGEMENT

(1.) Heard Mr. P.S. Wathore, learned Counsel for the applicant, Mr. A.M. Ghare, learned Counsel for non applicant No.1 and Mr. C.N. Adgokar, learned Additional Public Prosecutor for non applicant No.2.

(2.) Admit. Heard finally by consent of learned Counsel for the parties.

(3.) The applicant was the original accused in Summary Criminal Complaint No.1288/2008 decided by the Judicial Magistrate First Class, Akola. The applicant was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act by order dated 15- 02 -2010. The non applicant No.1/original complainant filed an appeal before the Sessions Court, Akola under proviso to Section 372 of the Criminal Procedure Code. The said appeal was admitted by the learned Additional Sessions Judge, Akola on 06- 4- 2010 by following order: