Hemant S/O. Vijayraorao ... vs Abdul Latif Gafar Sheikh
2021 Latest Caselaw 10130 Bom

                                                                                                          3appa 421.2021.odt
                                                                1

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH : NAGPUR

                             Criminal Application (APPA) No. 421/2021
                                                 IN
                                  Criminal Appeal No.     /2021

                                  Hemant s/o Vijayraorao Khobragade
                                                ..VS..
                                     Mr. Abdul Latif Gafar Sheikh
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Office Notes, Office Memoranda of                                     Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order__________________________________________________________
                                          Shri S.R. Kadam, Advocate for the applicant/appellant


                                           CORAM :              VINAY JOSHI, J.

DATED : 02/08/2021

The applicant/appellant is seeking leave to prefer an appeal challenging the order of acquittal passed by learned Judicial Magistrate First Class, Gadchiroli (for short the "Magistrate") in S.C.C. No. 670/2018 vide it's judgment and order dated 27.05.2021. According to the applicant/appellant, he sold the goods to the accused and to discharge the liability, later has issued a cheque of Rs.2,44,500/- in discharge of the said liability which was dishonoured. The learned Magistrate has suspected the genuineness of the transaction by assigning reasons in paragraph no. 10 of the said judgment. Ultimately, the accused was acquitted by holding that the complainant has failed to establish a legally enforceable liability.

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3appa 421.2021.odt

2. In these circumstances, it is necessary to hear the accused/respondent on the point of grant of leave to file appeal.

3. Issue notice to the respondent, returnable on 31.08.2021.

4. Call R. & P.

JUDGE

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