The High Court of Bombay at Sangli refused leave to appeal against acquittal. The Court upheld the magistrate's view that substantial cash transactions claimed by the applicant were disbelieved due to lack of evidence, dismissing the criminal application.
Leave to file appeal refused. Criminal application dismissed.
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.
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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.)
2 issues framed by the court
Whether leave should be granted to file an appeal against acquittal in a cheque dishonour case.
Whether the lower court's finding on cash transactions was perverse or improbable.
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
