Shantilal Ashokchand Tated vs Dilip Laxman Tarone
2024 Latest Caselaw 23029 Bom

Bombay High Court

Shantilal Ashokchand Tated vs Dilip Laxman Tarone on 7 August, 2024

2024:BHC-NAG:8696


                                                                                                   (1)                                                  7.appa.669.2022

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   NAGPUR BENCH : NAGPUR
                        CRIMINAL APPLICATION (APPA) NO. 669 OF 2022
                                           IN
                          CRIMINAL APPEAL STAMP NO.3859 OF 2022

                                                                Shantilal Ashokchand Tated
                                                                            Vs.
                                                                   Dilip Laxman Tarone

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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. Amol G. Hunge, Advocate for applicant.

                                                                                     CORAM : URMILA JOSHI-PHALKE, J.

DATED : 07/08/2024

1. By this application, the applicant is seeking leave to file an appeal against the judgment passed by the learned Judicial Magistrate First Class, Court No.2, Dhamangaon Railway in Summary Criminal Case No.342/2016 by which the respondent is acquitted form the charges.

2. Learned Counsel for the applicant submitted that the acquittal is only on the ground that the applicant who is the original complainant has not produced ledger statements and account books to prove the legal and enforceable debt. He submitted that in view of the decision of the Hon'ble Apex Court in the case of D. K. Chandel Vs. M/s Wockhardt Ltd. and Anr. Criminal Appeal No.132/2020 [Arising out of SLP (Crl.) No.1621 of 2018] decided on 20.01.2020 wherein the Hon'ble Apex (2) 7.appa.669.2022

Court has observed that the account books/cash book may be relevant in the civil court; but may not be so in the criminal case filed under Section 138 of the N.I. Act. This is because of the presumption raised in favour of the holder of the cheque.

3. Thus, the applicant has made out a case for grant of leave to file appeal. He has arguable points in the present appeal. In view of that, leave is granted.

4. Criminal Application is disposed of.

CRIMINAL APPEAL STAMP NO.3859 OF 2022

1. Appeal be registered.

2. After registration of the appeal, notice be issued to the respondent, returnable after four weeks.

3. Appeal can be disposed of at admission stage.

4. Call for record and proceedings.

5. Stand over after four weeks.

(URMILA JOSHI-PHALKE, J.)

Sarkate

Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 08/08/2024 17:36:04