Sujata Sohanlal Kochar Thr. Poa ... vs Nalini Chaggan Dabhadkar
2024 Latest Caselaw 3375 Bom

Bombay High Court

Sujata Sohanlal Kochar Thr. Poa ... vs Nalini Chaggan Dabhadkar on 5 February, 2024

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

CRIMINAL APPLICATION [APPA] NO.81 OF 2023 IN CRIMINAL APPEAL
                    ST. NO.10403 OF 2022
                    (Sujata Sohanlal Kochar .vs. Nalini Chagan Dhabhadkar)
CRIMINAL APPLICATION [APPA] NO.77 OF 2023 IN CRIMINAL APPEAL
                    ST. NO.10406 OF 2022
                    (Sujata Sohanlal Kochar .vs. Nalini Chagan Dhabhadkar)
CRIMINAL APPLICATION [APPA] NO.80 OF 2023 IN CRIMINAL APPEAL
                    ST. NO.10401 OF 2022
                    (Sujata Sohanlal Kochar .vs. Nalini Chagan Dhabhadkar)

Office   Notes,    Office                      Court's or Judge's orders
Memoranda of Coram,
Appearances,      court's
orders or directions and
Registrar's orders
                            Mr. Rohan R. Deo, Advocate for Appellant-Complainant,
                            Mr. Arjun U. Deshmukh, Advocate h/f Mr. R.R. Vyas,
                            Advocate for the Respondent-Accused.
                                         ----------

                            CORAM           : URMILA JOSHI-PHALKE, J.

                            DATE            : FEBRUARY 05, 2024.


             .              These       appeals      are     filed     along   with   the

applications for seeking leave to file an appeal.

2. The learned counsel for the appellant submitted that the learned trial court had not considered that the cheque was issued towards the legal enforceable debt and for technical reasons, acquitted the respondent. He pointed out that there are an arguable points for the present appellant and every chance of success in the present appeals. He 2/3 55appa81.23+2.odt

invited my attention towards the observations in the impugned judgment and submitted that the learned trial court had not considered the aspects that the ingredients of Section 138 of the Negotiable Instruments Act are fulfilled and the presumption is in favour of the appellant and erroneously acquitted the respondent. In view of that, leave be granted to prefer an appeal.

3. The learned counsel for the respondent strongly opposed the application on the ground that the trial court has rightly considered that the appellant could not prove that there was a legal enforceable debt and rightly acquitted the present respondent. There is no merit in the appeal. In view of that, the applications deserve to be rejected.

4. On perusal of the grounds in the applications and the impugned judgment from which the learned counsel for the appellant pointed out that he has an arguable points in the appeal. In view of that, applications for leave to file appeal deserve to be allowed. Accordingly, Application Nos.81/2023, 77/2023 and 80/2023 are allowed. Leave is granted to file appeal.

5. Learned counsel for the respondent waives notice for the appeal.

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                                      6.         Appeal admitted.


                                      7.         Call record and proceedings.

8. Appeals be placed before the court after receipt of the record and the proceedings.

JUDGE

Gulande

Signed by: A.S. GULANDE Designation: PS To Honourable Judge Date: 06/02/2024 16:00:08