High Court granted leave to the applicant society to appeal against acquittal of the respondent, ordering production under Section 390 Cr.P.C. due to a dispute over cheque amount and interest.
Leave to file appeal granted. First respondent produced and security taken for appearance before appellate court.
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1 APPLN-753.11
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE � CRIMINAL
CRIMINAL APPLICATION NO.753 OF 2011
Sainik Co-op. Credit Society
Ltd., Aravade.... Applicant
Vs.
Tanaji Sahaji Patil & Anr..... Respondents
Shri Vikas M. Mali for the Applicant.
None for Respondent No.1.
Smt. V.R. Bhosale, 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 first respondent by the learned Judicial Magistrate, First Class, Tasgaon, District Sangli, holding that the complainant-Society was not entitled to recover 34,000/- with interest, that is in all 43,000/- which was evidenced by the cheque in question. Since the complainant had appropriated a sum of 3,000/- out of advance of 34,000/- as deposit, the learned counsel for the applicant points out that 3,000/- which has been diverted towards a`
2 APPLN-753.11
fixed deposit attracts interest which is payable to the accused on his deposit and therefore there is nothing wrong in the applicant�s charing interest on the advance of 34,000/- made and therefore there is nothing wrong in taking cheque for 43,000/-. The causation of the learned Magistrate would require a re-examination. Hence 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.
2 issues framed by the court
Whether leave to file appeal should be granted against acquittal of the first respondent.
Whether the causation of the learned Magistrate regarding interest on advance requires re-examination.
1 provisions across 1 enactments
Sainik Co-op. Credit Society Ltd., Aravade
Tanaji Sahaji Patil & Anr
R.C. CHAVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court