In this criminal appeal against acquittal on Section 138 NI Act, the High Court allowed the application for leave to appeal under Section 378(4) CrPC. The trial court acquitted the respondent due to lack of transaction receipts despite evidence of prior purchases.
Leave to appeal under section 378 (4) of the Criminal Procedure Code was granted.
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.
( 1 )
IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1192 OF 2010
M/s Jayraj Jwellers
APPLICANT
VERSUS
Satyaprakash Bansilal Varma
RESPONDENT
Mr. P.H. Kapadia, advocate for the applicant.
Mr. N.C. Garud, advocate holding for Mr. B.R. Warma, advocate for the respondent.
[CORAM : V.R. KINGAONKAR, J.]
[DATE : 27th September, 2010]
PER COURT :
complainant for leave to appeal under section 378 (4) of the Criminal Procedure Code. He is aggrieved due to acquittal of the respondent for offence punishable under section 138 of the Negotiable Instruments Act in S.C.C. No. 2663/2008.
( 2 )
on going through the impugned judgement, it is explicit that though the demand notice was issued by the applicant, yet, it was not replied by the respondent. This conduct of the respondent is not considered by the trial Court. There is no dispute about the fact that the cheque was drawn by the respondent on his account. The cheque had bounced and was returned to the applicant. The learned Judicial magistrate held that the respondent had purchased certain gold ornaments on credit from the applicant. It is held that because the applicant failed to produce receipts regarding the transaction of sale of gold ornaments, the existing liability to pay the amount could not be attributed to the respondent.
( 3 )
trusted the respondent while giving credit for the third transaction too. In any case, thorough examination of the record is required to reach appropriate conclusion. In this view of the matter, the leave to appeal is granted. The application is accordingly allowed.
NPJ/criapln1192-10
2 issues framed by the court
Whether leave to appeal should be granted against the acquittal of the accused in a cheque bounce case where the trial court failed to consider the respondent's conduct and the credibility of the appl
Whether the trial court correctly held that the existing liability to pay the amount could not be attributed to the respondent due to lack of receipts for the sale of gold ornaments.
2 provisions across 2 enactments
M/s Jayraj Jwellers
Satyaprakash Bansilal Varma
V.R. Kingaonkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
