Ujjwal Cooperative Credit ... vs Samidha Sudip Daryapurkar
2021 Latest Caselaw 477 Bom

Citation : 2021 Latest Caselaw 477 Bom
Judgement Date : 9 January, 2021

Bombay High Court

Ujjwal Cooperative Credit ... vs Samidha Sudip Daryapurkar on 9 January, 2021

Bench: V. G. Joshi

                                               1                                   5 appa 240.2020

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

                   CRIMINAL APPLICATION (APPA) NO. 240 OF 2020

               Ujjwal Cooperative Credit Society Sanstha Maryadit, thr its Secretary
                                               ..vs..
                                Mrs. Samidha Sudip Daryapurkar
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Office Notes, Office Memoranda of Coram,                               Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
--------------------------------------------------------------------------------------
                                Shri R.N. Deshpande, Advocate for applicant.



                                          CORAM : VINAY JOSHI, J.

DATED : 09/01/2021

1. The complainant is a Credit Co-operative Society who has issued a loan to accused, a Member of Society. It is complainant's case that towards balance payment of loan account, the accused has issued a cheque tuning Rs.74,946/- drawn on State Bank Of India. The said chaque was dishonored for the reason "referred to drawer". It appears from the judgment that issuance of cheque and it's dishonored has not been denied. There is pleading on issuance of statutory demand notice. The Trial Court has held that since the complainant has not filed account extract, the outstanding amount cannot be termed as legally enforceable debt.

2. Learned Counsel for the applicant would submit that since the cheque was admittedly issued and dishonored, the onus lies on the accused to rebut the statutory presumption. Having regard to this fact, matter requires re-look. Leave granted.

2 5 appa 240.2020

CRIMINAL APPEAL NO. _______/2021.

ADMIT.

Issue notice, returnable after six weeks.

JUDGE Trupti