Criminal Appellate Court refused leave to appeal against the acquittal of the respondents in a cheque bounce case. The High Court held the trial court's disbelief of unproved cash transactions was not perverse.
Leave to file appeal refused; appeal dismissed. Acquittal of respondents affirmed.
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APPLN 398 OF 2011
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.398 OF 2011
Rajaram Yashwant Mane
.. Applicant
-versus
Shri. Prakash H. Patil and ors .. Respondents.
Mr. Tejasweeta Kadam h/f Rahul S. Kate, for the applicant. none for respondent Nos 1 and 2.
Mr. K.V. Saste, APP for the Respondent State.
CORAM: R.C. CHAVAN, J. DATED: 12th January, 2012
P.C.
2 APPLN 398 OF 2011
Rs.6,00,000/- towards the balance which bounced. If the complainant had paid to the accused by cheque or demand draft also and accused had repaid the amount those received by cheque or demand draft, the story about cash advances from time to time to the tune of Rs.6,50,000/- and receipt of cheque of Rs.6,00,000/- towards this amount was rightly disbelieved by the learned Magistrate, since no noting about payment in cash made from time to time was produced. The view taken by the learned Magistrate cannot be said to be perverse or improbable. Leave refused. Appeal dismissed.
(R. C. CHAVAN, J.)
1 issue framed by the court
Whether leave for filing an appeal against acquittal in a cheque bounce case under Section 138 NI Act should be granted.
1 provisions across 1 enactments
Rajaram Yashwant Mane
Shri. Prakash H. Patil
R. C. Chavan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
