In an appeal against acquittal for cheque bouncing, the Bench examined whether a passbook entry proved the appellant had funds to issue the cheque. Finding the document did not show withdrawal of the relevant amount at the relevant time, leave was refused.
Leave to file appeal was refused; appeal dismissed.
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appln 423 of 2010
1
vks
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.423 OF 2010
Shivaji Jadhav .. Applicant.
-versus
Laxman S Jadhav and ors .. Respondent.
Mr N. J, Patil, for the Applicant
Mrs. A.S. Pai, APP for the Respondent State.
CORAM: R.C. CHAVAN, J. DATED: 22nd June, 2011
P.C.
2 appln 423 of 2010
in instalments of Rs.6350/- per month. He was to repay loan in 114 instalments. It is not clear as to how this document would show that the applicant had requisite funds at the relevant time. This passbook does not show entry of withdrawal of Rs. 90,000/- at the relevant time for being advanced to the respondent. The view taken by the learned Magistrate cannot be faulted. Leave refused. Appeal dismissed.
(R. C. CHAVAN, J.)
3 issues framed by the court
Whether the applicant established requisite funds for the issuance of the cheque in question to support an appeal against acquittal.
Whether the admitted passbook entry sufficiently proved the appellant had funds available at the relevant time to issue the cheque.
Whether the application for leave to appeal against acquittal should be allowed based on the documentary evidence produced.
1 provisions across 1 enactments
Shivaji Jadhav
Laxman S Jadhav
R.C. Chavan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
