Criminal Application for leave to appeal against acquittal under Section 138 NI Act. Refused leave because the High Court found no perversity in the Magistrate's view that full payment was made through an insurance policy.
Leave to file appeal refused; 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.
Appln 616-11.odt
Anand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.616 OF 2011
M/s. International Air Transport .Applicant
Association
V/s.
Delhi Express Travels Pvt. Ltd..Respondents
& ors
Mr.Satish Upadhyay i/b. M/s.M.V.Kini & Co.,
Advocate, for the Applicant
Ms Racheeta Dhruv, Advocate, for Respondent Nos.1
to 3 & 5
Mrs.M.R.Tidke, APP, for Respondent No.6 - State
CORAM:R.C.CHAVAN, J.
DATE:20TH JULY, 2012
P.C.
.Heard the learned counsel for the
respective parties.
2.This is an application for leave to file
an appeal against Judgment of acquittal of the
respondents rendered by the learned Metropolitan
Magistrate, 33rd Court, Ballard Pier, Mumbai for
the offence punishable under Section 138 of the
Page 1 of 2
Appln 616-11.odt
Negotiable Instruments Act, 1881. The learned
Magistrate among other things held that the
complainant had received full payment of the
cheque dishonoured from Insurance Company, since
the applicant had taken Insurance Policy to
cover losses that the complainant may suffer on
account of dishonour of cheque. Para 6 of
deposition of complainant 's witness No.1 clearly
admits this position.
3.In view of this, it cannot be said that
view taken by the learned Magistrate was
perverse or improbable. Leave refused. Appeal
dismissed.
Page 2 of 2
2 issues framed by the court
Whether leave to appeal against acquittal in a cheque dishonour case under Section 138 should be granted.
Whether the High Court can interfere when the Magistrate held that full payment was made via insurance policy.
1 provisions across 1 enactments
M/s. International Air Transport Association
Delhi Express Travels Pvt. Ltd.
R.C. Chavan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court