Utkranti Nagari Sahkari Pat ... vs Bhaskar Waman Gaikwad
2021 Latest Caselaw 69 Bom

Order                                                                                       0401apeal138.20
                                                    1


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


                               CRIMINAL APPEAL NO. 138/2020.
                                  Utkranti Nagari Sahakari pat Santha Ltd.
                                                -VERSUS-
                                          Bhaskar Waman Gaikwad.

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



                                          Shri P.A. Kadu, Advocate for the Appellant.
                                          Shri D.R. Upadhyay, Advocate for Respondent.




                                                        CORAM : VINAY JOSHI, J.

                                                        DATE        : JANUARY 04, 2021.


                                                        Heard.

2. This is an appeal of the original

complainant challenging the order of acquittal of

respondent passed in cheque bouncing case

namely S.C.C. No. 846/2013. This Court has

already granted leave to prefer the appeal vide

order dated 18.02.2020.

3. With the assistance of learned counsel

for the parties, I have gone through the impugned

Order 0401apeal138.20

judgment. It is brought to my notice that the trial

Court has acquitted the accused since there is no

proof regarding service of statutory demand

notice. He has pointed out certain portion from

paragraph no.10 of the judgment wherein the trial

Court has referred to acknowledgment [Exh.29]

with comment that the same shows service of

notice.

4. Precisely the inconsistencies in finding

has been pointed out. There is an arguable issue

in the matter, hence, Admit. Call for R & P.

Learned counsel appearing for respondent waives

notice.

5. At this juncture, learned counsel submit

that there are chances of amicable settlement and

they desire to take instructions to that effect from

their respective clients. List the matter for

consideration of this aspect only on 18.01.2021.

JUDGE Rgd.