Anoop S/O Niranjan Dodiya vs Anoop S/O Gulabraoji Agarkar
2021 Latest Caselaw 10458 Bom

Order                                                                                    0508appa319.21
                                                   1


                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR.


                     CRIMINAL APPLICATION [APPA] NO. 319/2021.
                                          Anoop Niranjan Dodiya
                                               -VERSUS-
                                        Anoop Gulabraoji Agarkar.

Office notes, Office Memoranda of
Coram, appearances, Court's orders                          Court's or Judge's Orders
or directions and Registrar's orders.




                                                       CORAM : VINAY JOSHI, J.

DATE : AUGUST 05, 2021.

Heard learned Counsel holding for Shri

V.R. Deshpande, Advocate for the Applicant.

2. The applicant is seeking leave to file

appeal for challenging the order of acquittal passed

in SCC No. 2328/2013 dated 30.03.2021 by the

Additional Chief Judicial Magistrate, Akola, by

which the respondent has been acquitted for the

offence punishable under Section 138 of the

Negotiable Instruments Act.

3. The applicant has put up a case before

the trial Court that the respondent has issued a

cheque of Rs.2 lakhs towards discharge of a legally

Order 0508appa319.21

enforceable liability. Since the said cheque was

dishonoured, a statutory notice was issued, which

was served, but, payment was not made during the

stipulated period.

4. With the assistance of the learned

Counsel h/f. Learned Advocate for the applicant, I

have gone through the impugned judgment of the

trial Court. The trial Court has held that the

cheque was issued within a stipulated period, as

well as the statutory demand notice was proved to

be duly served and the amount has not been

deposited. It is pointed out that the learned trial

Court in paragraph no.46 of the judgment has only

on the basis of a reasonable doubt, held that the

complainant has failed to establish a legally

enforceable liability.

5. The learned Counsel for the appellant

took me through other part of the judgment to

impress that there is sufficient evidence to prove

the transaction. According to the applicant, the

trial Court has not considered the statutory

Order 0508appa319.21

presumption running in his favour. The applicant

has made out an entertainable case, hence, leave to

file appeal is granted. The appeal be accordingly

registered.

6. Issue notice of the appeal to the

respondent, returnable on 03.09.2021.

List this matter along with Criminal

Appeal No.315/2021 on the returnable date.

JUDGE Rgd.