Ratan Singh Rumnam Singh Bartawal vs The State Of Maharashtra And Anr
2022 Latest Caselaw 6442 Bom

          Digitally signed by
SWAROOP   SWAROOP
SHARAD    SHARAD PHADKE

PHADKE    Date: 2022.07.08
          20:52:47 +0530                                                             63 alp 8 of 2020.doc

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CRIMINAL APPELLATE JURISDICTION
                            CRIMINAL APPLICATION NO.8 OF 2020

Ratansingh Gumnam Singh Bartawal                                     ...         Applicant
       versus
State of Maharashtra & Anr.                                          ...         Respondents

Ms. Devyani Katira, for Applicant.
Ms. Neha Mane i/by Mr. Rajesh More, for Respondent No.2.

                                  CORAM:        N.J.JAMADAR, J.

                                  DATE :        7th JULY, 2022

P.C.

1. Heard the learned Advocate for the Applicant.

2. The learned Counsel for the Respondent No.2 seeks time to work out

the matter.

3. The record indicates that the Application for leave is pending since long.

4. Perused the impugned judgment.

5. The learned Magistrate has held that there is compliance of the statutory

provisions. However, the point of legal enforceability of debt or liability was answered

against the complainant-Appellant.

6. An arguable case is made out as regards the finding recorded by the

learned Magistrate that the subject cheque was not drawn in discharge of legally

enforceable debt or liability.

7. Hence, Appeal is admitted.

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                                                           63 alp 8 of 2020.doc

8. Issue notice to the Respondents.

9. The learned Counsel for the Respondent No.2 waives service.

10. Call R & P.

List in normal course.

                                             ( N.J.JAMADAR, J. )




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