Sheikh Akram S/O Sheikh Rehhman vs Haji Mohammad Anis Ahmad S/O Haji ...
2022 Latest Caselaw 7020 Bom

                                                        1                               5.APPA.553-2022.odt




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

                CRIMINAL APPLICATION (APPA) NO. 553 OF 2022
                                    IN
                       CRIMINAL APPEAL NO. OF 2022
                      ( Sheikh Akram s/o Sheikh Rehhman
                                      Vs.
               Haji Mohammad Anis Ahmad s/o Haji Mohd Ibrahim )

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. S.G. Karmarkar, Advocate for the Applicant/Appellant.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 21st JULY, 2022.

Heard Mr. Karmarkar, learned counsel for the applicant/appellant.

2. The learned Special Court under the Negotiable Instruments Act, has acquitted the accused for the offence punishable under Section 138 of the Negotiable Instruments Act. Though, the signature on the cheque is not denied (para 9 of the impugned judgment), the finding has been rendered, that the transaction for which the cheque has been given, has not been proved, as the defence raised that the blank cheque was given to one Nawab under an agreement of sale and not to the complainant, is proved by examining Nawab as DW-1 and has deposed accordingly. Admittedly, there is no document evidencing any transaction between the 2 5.APPA.553-2022.odt

complainant and the accused, however the cheque is claimed to have been given by the accused on account of a transaction for sale of animals skin.

3. Issue notice to the non-applicant/respondent, returnable in two weeks.

JUDGE

SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:21.07.2022 18:32