The High Court granted leave to the applicant to file a criminal appeal against the trial court's judgment acquitting the respondent accused under Section 138 of the Negotiable Instruments Act, accepting an admission of cheque issuance as prima facie sufficient.
Leave granted; Criminal Application admitted; Hearing expedited.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1270 OF 2007
Shri Ishwarbhai Hirdas Patel ...Applicant
(Orig.Complainant)
vs.
Shri Rajesh Bhatia & Ors. ...Respondents
(No.1 and 2 Orig.Accused)
Mr.A.S. Khandeparkar i/b. M/s.Khandeparkar & Associate
for the Applicant.
Mr.S.S.Pednekar, APP for the State.
CORAM : V.M. KANADE, J.
DATED : OCTOBER 13, 2008
P.C. :-
1. Heard Counsel for the applicant.
2. The applicant is challenging the judgment and
order passed by the trial court whereby the respondent
accused was acquitted for offence punishable under
Section 138 of the Negotiable Instruments Act. The
trial court has acquitted the accused on the ground that
the applicant has not established that the cheque, in
question, was signed by the accused though xerox copy of
the original was permitted to be brought on record by
the trial court as secondary evidence.
- 2 -
3. Counsel for the applicant submits that in view
of the specific admission by the accused that he had
issued those cheques, there was no question of proving
that the said cheques were signed by the accused. He
invited my attention to the admission made by the
accused regarding the issuance of the said cheques.
Hence, prima facie case is made out by the applicant for
grant of leave.
4. Leave granted. Appeal is admitted. Hearing of
the appeal is expedited.
(V.M. KANADE, J.)
1 issue framed by the court
Whether leave to appeal should be granted when the trial court acquitted the accused due to lack of proof regarding the signature on a xerox copy of the cheque, in view of an admission by the accused
1 provisions across 1 enactments
Shri Ishwarbhai Hirdas Patel
Shri Rajesh Bhatia & Ors.
V.M. KANADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court