Hari Agencies v. R.S. Navale and Anr.
Case brief
What is this about?
The High Court applied the ratio of Janki Vashdeo Bhojwani v/s. Indusind Bank Ltd. to grant leave to appeal for quashing of accused's acquittal under Section 138 NI Act.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1038 OF 2006
IN
CRIMINAL APPEAL NO. -- OF 2006
Hari Agencies ...Applicant
(Orig.Complainant)
V/s.
Shri R.S. Navale & Anr. ...Respondents
Mr.Sachin Shetye i/b. Mr.Amit Borkar for the Applicant.
Mr.Y.M. Nakhawa, APP for State.
CORAM : V.M. KANADE, J.
DATED : OCTOBER 8, 2007
P.C. :-
. The applicant is challenging the judgment and
order passed by the Judicial Magistrate, First Class,
Kolhapur, who by his judgment and order dated 23.1.2006
was pleased to acquit the accused for the offence
punishable under Section 138 of the Negotiable
Instruments Act.
2. In the present case, a complaint was filed by
the applicant against the respondent under Section 138
of the Negotiable Instruments Act. The complaint was
filed by the complainant on behalf of Hari Agencies of
Issues for consideration
2 issues framed by the court
Whether leave to appeal is to be granted in view of the ratio of Janki Vashdeo Bhojwani v/s. Indusind Bank Ltd.
Whether a case is made out against an accused acquitted under Section 138 NI Act when the complainant lacked statutory authority and evidence.
Parties & counsel
- applicant
Hari Agencies
- respondent
Shri R.S. Navale and Anr.
Coram
V.M. Kanade
Case details
As recorded by the court registry
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