Criminal Application by applicant seeking leave to appeal acquittal of respondent under s. 138 NI Act. Court held complainant failed to prove loan existence and accused rebutted presumption. Leave to appeal refused.
Leave to file appeal under section 138 of the Negotiable Instruments Act refused.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 2354 OF 2006
IN
CRIMINAL APPEAL NO. OF 2006
SMT. KASTURI SHIVSHANKAR SHRIGIRI ..APPLICANT
V/S
RAMESH U. DOSHI & ANR. ..RESPONDENTS
MR. SACHIN S. PUNDE FOR APPLICANT.
MR. ASHISH S. GAIKWAD FOR RESPONDENT NO. 1.
MRS. M.M. DESHMUKH - APP FOR STATE.
CORAM: V.M. KANADE, J.
DATE : 12TH OCTOBER, 2007.
P.C.
1. Heard learned counsels appearing on behalf of the
Applicant and the Respondents. By this Application the
Applicant is seeking leave to file Appeal challenging
the Judgment and Order passed by the Trial Court whereby
the trial court was pleased to acquit the Respondent No.
1 for the offence punishable under section 138 of the
Negotiable Instruments Act. On the complaint being
filed by the Applicant the trial court has observed that
the presumption raised under section 139 of the
: 2 :
Negotiable Instruments Act has been rebutted by the
Respondent.
2. The case of the Applicant/Complainant in nut shell
is that the Applicant had given a hand loan of Rs.
1,45,000/- to the Respondent. It is further alleged
that Rs. 70,000/- was paid by the Respondent by issuing
cheques for various amounts. However thereafter the
cheques were revalidated and after the cheques were
deposited by the complainant these cheques were
dishonoured. The trial court has held that the
complainant has not proved the payment of Rs.
1,45,000/-. Further the Respondent/Accused had rebutted
the presumption which was raised under section 139 of
the Negotiable Instruments Act.
3. I have perused the Judgment and Order and also notes
of evidence. In my view the complainant has not
established that she has paid an amount of Rs.
1,45,000/- to the Respondent. The Respondent on the
other hand has rebutted the presumption that the cheques
which were dishonoured were given to the complainant
towards the existing liability. No case has been made
out for grant of leave. Leave is accordingly refused.
----
(V.M. KANADE, J)
2 issues framed by the court
Whether leave to file an appeal against the acquittal of the accused under section 138 of the Negotiable Instruments Act ought to be granted.
Whether the complainant established that the dishonoured cheque was given towards payment of loan amount of Rs. 1,45,000/-.
2 provisions across 1 enactments
KASTURI SHIVSHANKAR SHRIGIRI
RAMESH U. DOSHI
V.M. KANADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court