Ladda v. Shree Krishna Aluminium Extrusion
Case at a glance
Provisions considered
Judgment
Heard the learned Advocate for the applicant. It is the application for leave to appeal against the order of acquittal passed by the learned Metropolitan Magistrate(cid:25) s 33rd Court, Bellard Pier, Mumbai dated 18.8.2008. On said date and also on the earlier date, the present applicant, original complainant in the matter of proceeding under section 138 of 2 the N.I. Act was absent and hence the impugned order came to be passed.
On 22.4.2009 contesting respondent Nos. 2 and 3, original accused were represented and time was sought till today. Today, none appears for the said contesting respondents.
Considering that the matter for the offence punishable under section 138 of the Negotiable Instruments
Act was disposed of by the concerned Metropolitan Magistrate in view of the provisions of Section 256 of the Code of Criminal Procedure, the present applications for leave to file appeals are allowed. Consequently, the appeals which are to be numbered, are also allowed and the matter is remanded back to the concerned Metropolitan Magistrate(cid:25) s 33rd Court, Bellard Pier, Mumbai for disposal according to law after hearing rival parties. With these directions present leave applications and also the appeals are allowed and accordingly disposed of. A.R.JOSHI,J.
Questions this judgment answers
Which statutory provisions did this judgment involve?
Negotiable Instruments Act, 1881 — s. 138; Code of Criminal Procedure, 1973 — s. 256.
Which court decided this case, and when?
Bombay High Court, on 08 Jun 2009. The bench was A R JOSHI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.