Oswald Edwin D'Souza v. the State of Maharashtra and Anr.
Case brief
What is this about?
SHEET NO. IN THE HIGH COURT OF JUDICATURE AT…
What did the court decide?
Leave to appeal granted and the application allowed; appeal admitted.
SHEET NO. IN THE HIGH COURT OF JUDICATURE AT…
Leave to appeal granted and the application allowed; appeal admitted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 828 OF 2006
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Office Notes, Office Court’s or Judge’s
Memoranda of Coram, orders
appearance, Court’s
orders or directions
and Registrar’s orders
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Mr. Rishi Bhuta for applicant.
Mr. P.A. Pol, APP for State.
Mr. A.R. Kapadnis for respondent no.2.
CORAM: B.H. MARLAPALLE,J.
17/08/2007.
P.C.:
. Heard. The complaint filed under
Section 138 of the Negotiable
Instruments Act, 1881 came to be
dismissed for non appearance of the
applicant and his Advocate on
25/11/2005, under Section 256 of
Cr.P.C. and hence this application for
seeking leave to appeal under Section
378 (4) of Cr.P.C.
. Leave granted and the application
is allowed.
. Appeal is admitted.
. Mr. Kapadnis waives service for
respondent no.2 and the learned APP
appears for the State.
(B.H. Marlapalle,J.)
1 issue framed by the court
Whether to grant leave to appeal against the dismissal of a complaint under Section 138 of the Negotiable Instruments Act for non-appearance.
3 provisions across 2 enactments
Unknown
State
B.H. Marlapalle
As recorded by the court registry
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