Remanded

Sagar Shamrao More v. Satish Atmaram Khaladkar and Anr.

Bombay HC24 Apr 2009APEAL/200/2009

Case brief

AI extract

What is this about?

This Court allowed the criminal appeal and remanded the matter of cheque dishonour to the Trial Magistrate for disposal on merits after hearing parties, as the original proceeding was dismissed due to the applicant's absence.

What did the court decide?

Matter remanded to the learned J.M.F.C.Pune for disposal of S.C.C.No. 4804/2004 after hearing the parties on merits.

Sagar Shamrao More Vs Satish Atmaram Khaladkar and Anr. — Cheque Dishonour | Bombay HC (2009)

¶1

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CRIMINAL APPELLATE JURISDICTION

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 CRIMINAL APPEAL No.200 of 2009

¶3

 Sagar Shamrao More. .. ..Appellant.
 vs.

¶4

 Satish Khaladkar Etc. .. ..Respondents.

¶5

 Mr P.H. Hagare, Advocate for the appellant.
 Ms M.H.Mhatre, A.P.P.for the State.

¶6

 None for respondent no.1.

¶7

CORAM: A.R. JOSHI,J.

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DATED : 24TH APRIL,2009.
P.C.:-

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 -----

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 1. Heard the learned advocate for the
 appellant and the learned A.P.P.for the State.
 None appears for respondent No.1 - original
 accused.

¶11

 2. Earlier leave was granted by this Court
 vide order dated 6th February, 2009 in Criminal
 Application No. 3647 of 2007 to file appeal
 against the order of acquittal of respondent
 no.1-original accused, passed by the Judicial
 Magistrate, F.C.Pune in the matter of offence

¶12

 punishable under Section 138 of the N.I.Act.

¶13

 3. Reportedly, the impugned judgment and
 order came to be passed when the applicant did
 not remain present before the Trial Magistrate
 and due to such absence, matter came to be
 dismissed vide order dated 8.2.2006. It is a
 matter of dishonour of cheque for the amount of
 Rs. 3,30,000/-. In the opinion of this Court,
 matter is required to be remanded back to the
 learned Trial Magistrate for disposal of
 S.C.C.No. 4804/2004 according to law, after

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 hearing the parties on merits.

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 4. In the result, appeal is allowed.
 Matter is remanded back to the learned

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 J.M.F.C.Pune for disposal according to law.

¶17

 5. Criminal Appeal is disposed of in terms
 of above order.

¶18

(A.R.JOSHI,J.)

Sagar Shamrao More v. Satish Atmaram Khaladkar and Anr.

Case brief

What is this about?

What did the court decide?

Sagar Shamrao More v. Satish Atmaram Khaladkar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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