Partly allowed

Maruti Dondiram Pawar v. Ramdas Dadu Nirmale and Anr.

Bombay HC16 Apr 2009APPLN/1017/2008

Case brief

AI extract

What is this about?

The High Court of Bombay Criminal Appeals admitted the original complainant's appeal for leave under Section 138 of the Negotiable Instruments Act. The court held that prima facie presumption under Section 118 requires the matter to be admitted despite the trial court's acquittal based on illegality of the underlying debt.

What did the court decide?

The appeal was admitted; leave to file a criminal appeal under Section 138 of the Negotiable Instruments Act was granted.

Maruti Dondiram Pawar Vs Ramdas Dadu Nirmale and Anr. — Cheque Dishonour | Bombay HC (2009)

¶1

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CRIMINAL APPELLATE JURISDICTION

¶2

 CRIMINAL APPLICATION No. 1017 OF 2008
 IN
 CRIMINAL APPEAL No. OF 2008

¶3

 Maruti Dondiram Pawar. Applicant.

¶4

vs.

¶5

 Ramdas Dadu Nirmal and Anr. Respondents.

¶6

 -------------------------------------------------------------
 Office Notes,Office :
 Memoranda of Coram, : Court’s or Judge’s orders
 appearances,Court ’s :
 orders or directions :
 and Registrar’s orders. :

¶7

 ------------------------------------------------------------

¶8

 Mr Rahul S. Kulkarni, Adv.for the
 Applicant/Appellant.

¶9

 Mr P.S. Shitole, A.P.P. for the State.

¶10

 Mr A.S.Khandeparkar, Adv. i/b D.H. Pawar
 for Respondent No.1.

¶11

CORAM: A.R. JOSHI,J.
DATED : 16TH APRIL,2009.
P.C.:-

¶12

 1. Heard the rival submissions for some
 time.

¶13

 2. It is the application by the original
 complainant for leave to appeal. He filed
 criminal complaint against the respondent -

¶14

 original accused for taking action for the
 offence punishable under Sections 420, 468, 471
 of the I.P.C. and also under Section 138 of
 the N.I.Act.

¶15

 3. It is, allegedly, the case of the
 complainant that he gave Rs. 50,000/- to the
 accused to meet certain expenses i.e. to
 secure a job to his son in military. Certain
 letters, purported to have been issued by
 Military Headquarter, were produced by the
 accused. However, subsequently they were found

¶16

 to be fabricated. Thereafter, a cheque of Rs.
 50,000/- came to be issued by the accused to
 the complainant towards repayment of the

¶17

 amount. The said cheque was deposited by the

¶18

 applicant in bank which came to be dishonoured
 and therefore proceeding came to be lodged

¶19

 against the accused. However, process was
 issued only for the offence under Section 138
 of the N.I.Act and matter was heard.
 Considering the transaction of giving Rs.
 50,000/- by the applicant-appellant to the
 accused as illegal, it was held by the trial
 Magistrate that it was not legally enforceable
 debt and as such the accused was acquitted.
 Considering the factual position, the issuance

¶20

 of cheque, the prima facie presumption as
 envisaged by Section 118 of the N.I.Act, in the
 opinion of this Court, the matter is required
 to be admitted and leave is required to be
 given.

¶21

 4. In the result, the appeal is admitted.

¶22

(A.R.JOSHI,J.)

Maruti Dondiram Pawar v. Ramdas Dadu Nirmale and Anr.

Case brief

What is this about?

What did the court decide?

Maruti Dondiram Pawar v. Ramdas Dadu Nirmale 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

Case details

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