Nirmala W/O Ishwarrao Tiwaskar vs Sanjay Madhavrao Lakhekar
2021 Latest Caselaw 11259 Bom

Order                                                                           1808appa342.21
                                                 1


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


                 CRIMINAL APPLICATION [APPA] NO. 342 OF 2021.
                                     Nirmala Ishwarrao Tiwaskar.
                                               -Versus-
                                     Sanjay Madhavrao Lakhekar.
Office Notes, Office Memoranda of Coram,                                Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders

                                Shri M.P. Kariya, Advocate for the Applicant/appellant.
                                None for the Respondent - Served.



                                                       CORAM : VINAY JOSHI, J.

                                                       DATE        : AUGUST 18, 2021


                                          Heard.

2. This is an application seeking leave to prefer

an appeal against the judgment and order of acquittal

dated 25.03.2021 by the 2nd Judicial Magistrate, First

Class, Yavatmal in Summary Criminal Case

No.4205/2015, for the offence punishable under

Section 138 of the Negotiable Instruments Act.

3. The learned Counsel for the applicant/

appellant would submit that the trial Court has

acquitted the accused only on the ground that the

complainant does not have the financial capacity to

borrow the money. According to him, the defence of

Order 1808appa342.21

accused is totally false since the accused by his notice

dated 22.12.2014, has admitted the transaction.

4. Perused the impugned judgment and

considered the submissions canvassed. In view of the

statutory presumption running in favour of the

complainant, the matter requires re-consideration.

Hence, leave granted. Appeal be registered.

.......

                               Criminal Appeal No.        /2021.

                                       Heard.

2. Issue notice to the respondent, returnable on

15.09.2021.

3. Call for R & P.

JUDGE Rgd.