High Court allowed leave to file criminal appeal against acquittal by Judicial Magistrate in a cheque dishonour case, noting Magistrate's misreading of cross-examination regarding debt liability.
Leave to file appeal against acquittal granted. Appeal admitted. Section 390 Cr.P.C. to follow.
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1 APPLN-381.11
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE � CRIMINAL
CRIMINAL APPLICATION NO.381 OF 2011
Gorakhnath Sukhdev Patil
Vs.
Rajendra Appaso Patil &
Anr.
.... Applicant
.... Respondents
S/Shri Nilesh Wable h/f Umesh Mankapure
for the Applicant.
Ms Rajeshree Gadhvi, APP, for the State.
CORAM: R.C. CHAVAN, J.
DATED: JANUARY 11, 2012
P.C:
This is an application for leave to
file appeal against acquittal of the respondent
by the learned Judicial Magistrate, First
Class, Tasgaon, for the offence punishable
under Section 138 of the Negotiable Instruments
Act. The learned Magistrate seems to have
misreadthecross-examinationofthe
complainant/present applicant and observed in
para 13 of her Judgment that, the complainant
had admitted in the cross-examination that the
accused did not owe him any amount and was
demanding return of cheques. What the
complainant had admitted is that, it was true
2 APPLN-381.11
that the accused had said to him that the
accused did not owe any amount to him. In view
of this, leave granted. Appeal Admitted. Call
for the R & P.. Action under Section 390 of
Cr.P.C. to follow. Action under Section 390
means that the learned Magistrate may cause the
accused to be produced before him by
appropriate process and take security from them
for their appearance in the Appellate Court. If
the accused appear on their own, the learned
Magistrate need not wait for the process to be
issued or served upon the accused but shall
admit them to such bail as he may deem fit.
The application accordingly stands
disposed.
1 issue framed by the court
Whether leave to file appeal against acquittal should be granted given the Magistrate's finding that the accused did not owe the complainant any amount.
2 provisions across 2 enactments
Gorakhnath Sukhdev Patil
Rajendra Appaso Patil
R.C. CHAVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court