Bombay High Court
Venubai Wd/O Rajaram Zingre And ... vs Jaipal P. Wanve on 10 June, 2022
Bench: Avinash G. Gharote
(1) 28.appa.404.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APPA) NO.404 OF 2022
IN
CRIMINAL APPEAL NO__________OF 2022
Venubai wd/o Rajaram Zingre and anr.
Vs.
Jaipal P. Wanve
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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
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Mr. H. M. Bobade, Advocate for applicants.
CORAM : AVINASH G. GHAROTE, J.
DATE : 10/06/2022
1. Heard Mr. Bobade, learned counsel for the
applicants.
2. The applicants seek leave to file appeal
against the judgment dated 18.02.2022 passed by the
learned Judicial Magistrate First Class whereby the
complaint under Section 138 of the Negotiable
Instruments Act has been dismissed and the accused has
been acquitted. A perusal of the impugned judgment
would indicate that the original complainant (Rajaram
Damaja Zingre - who is no more), claims to have lent a
sum of Rs.3,50,000/- to accused Jaipal Wanve for the
satisfaction for which a cheque bearing No. 058566
dated 04.04.2015 drawn on the Bhandra District Central
Co-operative Bank, Lakhani Branch was issued in favour
(2) 28.appa.404.2022
of the complainant. Since the cheque was dishonoured
after issuance of the notice complaint under Section 138
of the Negotiable Instruments Act was filed. The learned
Judicial Magistrate First Class, found that the cheque in
question, was not issued by the accused, but was issued
by the Manager Rani Durgawati Girls' Hostel, Garada and
therefore, on this count, since there was no liability of
the said Rani Durgawati Girls' Hostel, Garada and so also
the said entity was not made a party complaint has been
dismissed by acquitting the accused. Though,
Mr. Bobade, learned counsel for the applicant submits
that the said cheque was issued at the instance of the
accused, he being the Manager of the Rani Durgawati
Girls' Hostel, Garada, it is equally true that the cheque
has not been issued by the accused in his personal
capacity for the satisfaction of the legal debt or liability
as claimed by the complainant. There is admittedly no
transaction whatsoever between the complainant and
Rani Durgawati Girls' Hostel, Garada, in view of which,
the complaint filed by the applicant against Jaipal Wanve
as the sole accused was clearly not maintainable on the
count that the cheque was not issued by him. Any cause
for dishonour of the cheque would have accrued against
Rani Durgawati Girls' Hostel, Garada, which admittedly
has not been arrayed as an accused in the complaint filed
by the applicant, in view of which, in my considered
opinion, no fault can be found with the finding rendered
by the learned Judicial Magistrate First Class that so far
(3) 28.appa.404.2022
as the present accused is concerned, there was no legal
debt or liability on account of cheque in question not
having been issued by him but having been issued by
Rani Durgawati Girls' Hostel, Garada, and therefore, I do
not find any infirmity in the judgment dated 18.02.2022,
so as to grant leave. Insofar as the contention that the
original complainant has passed away on 24.01.2022 (as
it is contended by Mr. Bobade, learned counsel for the
applicant who submits that the date mentioned in para
30 of the order which is 17.01.2022 is incorrect). In my
considered opinion, nothing turns around it, as the legal
position discussed above, does not change. It is only a
case of flogging a dead horse, considering which, I am
not inclined to grant the application. The same is
accordingly rejected.
JUDGE
Sarkate
Signed By:ANANT R SARKATE
P. A.
Signing Date:10.06.2022 20:22
