This single judge order granted leave to appeal and disposed of a criminal appeal under Section 138 of the Negotiable Instruments Act, remanding the matter to the Metropolitan Magistrate Court for trial.
Leave to appeal granted; matter remanded to the Metropolitan Magistrate Court at Andheri for trial.
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.907 OF 2009
Mustakin Yakub Darzi .. Applicant V/s. Obedullah Khadar Shaikh & Anr. .. Respondents
Mr.M.C.Shaikh i/b.Mr.R.R.Sharma for the Applicant. Mr.A.A,Mirza, for Respondent No.1. Mr.S.R.Shinde, A.P.P.for the State.
CORAM : A.R.JOSHI, J.
DATED : APRIL 17TH, 2009.
P.C.
Heard rival submissions for some time.
1
256 of Criminal Procedure Code, acquitting the accused.
order.
2
2 issues framed by the court
Whether leave to appeal should be granted against the order of dismissal of complaint by Metropolitan Magistrate.
Whether the criminal appeal should be disposed of and the matter remanded to the concerned Trial Court for trial.
2 provisions across 2 enactments
Mustakin Yakub Darzi
Obedullah Khadar Shaikh & Anr.
A.R.JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
