Naresh S/O Purushottam Chhangani vs Milan Maheshchandra Mehata
2022 Latest Caselaw 5373 Bom

                                                                                              (1)                                                 29.appa.1.2022

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

                                   CRIMINAL APPLICATION (APPA) NO.1 OF 2022
                                                      IN
                                      CRIMINAL APPEAL NO.       OF 2021

                                                   Naresh s/o Purushottam Chhangani
                                                                  Vs.
                                                     Milan Maheshchandra Mehata
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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. Kartik Rao, Advocate, h/f Mr. M. G. Sarda, Advocate for applicant.
             Mr. K. J. Topale, Advocate for non-applicant.


                                                                             CORAM :                     AVINASH G. GHAROTE, J.

DATE : 14/06/2022

Heard Mr. Kartik Rao, Advocate holding for Mr. Sarda, learned counsel for the applicant and Mr. Topale, learned counsel for the non-applicant.

This application seeks leave to appeal against the judgment of the Special Court dated 13.11.2021 whereby the complaint under Section 138 of the Negotiable Instruments Act has been dismissed and the accused has been acquitted.

Mr. Rao, learned counsel for the applicant submits that the only ground on which the complaint has been dismissed is the so called inability of the complainant to explain the source of funds. In so far as the issuance of the cheque is concerned, the defence has been taken that the complainant had taken the cheque of the accused on account of transaction of his wife and (2) 29.appa.1.2022

therefore, the issuance of the cheque for whatever reason appears to be an admitted fact, considering which, a case for grant of leave is made out.

Criminal Application (APPA) No.1 of 2022 is accordingly allowed.

Leave is granted. Office to register the appeal.

Admit.

Call Record and Proceedings.

Mr. Topale, learned counsel waives service of notice for non-applicant on merits.

List the matter for hearing on receipt of the Record and Proceedings.

JUDGE Sarkate

Digitally signed byANANT R SARKATE Signing Date:15.06.2022 17:48