Dismissed

M/S. Dishman Pharmaceuticals and Chemicals Ltd. v. Mata Shankar R. Tiwari and Ors.

Bombay HC5 Apr 2006APPLN/793/2006

Case brief

AI extract

What is this about?

In Criminal Application No. 793 of 2006, the Bombay High Court refused leave to file an appeal against an acquittal in a cheque dishonour case. The lower court held there was no evidence proved as per Section 138 of the Negotiable Instruments Act. The application to get the appeal as regular was dismissed.

What did the court decide?

Leave to file appeal refused. Appeal to stand dismissed. Case discharged on continuation sheet No. FARC.

M/S. Dishman Pharmaceuticals and Chemicals Ltd. Vs Mata… — Cheque Dishonour | Bombay HC (2006)

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 FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CRIMINAL APPELLATE JURISDICTION

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 CRIMINAL APPLICATION NO.793 OF 2006

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 WITH
 CRIMINAL APPEAL NO. OF 2006
----------------------------------------------------------------------
 Office notes, office Memoranda Court’s or Judge’s orders.
 of Coram, appearance, Court’s
 orders or directions and
 Registrar’s orders.
----------------------------------------------------------------------
 Mr.J.A. Udaipuri i/by Rajesh Kothari
 for the applicant.
 Mr.Rajesh More , APP. for the State.

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CORAM : R.S. MOHITE,J.
DATED : 5/4/2006.

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 P.C.

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 1. This is an application for leave to
 file appeal. I have perused the
 impugned judgment and order. The
 acquittal is on the footing that on
 behalf of the complainant examination
 in chief was led by an affidavit and
 none of the documents mentioned in the
 affidavit were proved. On behalf of
 the complainant one Mr.R.B.Shah
 Accountant of the Company filed an
 affidavit relying upon 33 documents.
 The contents of the documents were not

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 proved nor any evidence was led as to
 when the notice under Section 138 of
 the Negotiable Instruments Act was sent
 and the memo was received. In the
 circumstances, court had held that
 there is no evidence led to prove the
 ingredients of the offence under
 Section 138 of the Negotiable
 Instruments Act. There can be no fault
 found in the impugned judgment and
 order. Hence, leave refused.
 Consequently, the appeal to stand
 dismissed.

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(R. S. MOHITE, J.)

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M/S. Dishman Pharmaceuticals and Chemicals Ltd. v. Mata Shankar R. Tiwari and Ors.

Case brief

What is this about?

What did the court decide?

M/S. Dishman Pharmaceuticals and Chemicals Ltd. v. Mata Shankar R. Tiwari and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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