Criminal Application granting leave to appeal against acquittal under Sec 138 NI Act by holding the magistrate erred in not reconciling a Rs.25,000 difference in cheque amount; appeal, call for records, and action under Sec 390 allowed.
Leave to file appeal against acquittal allowed, Call for Records allowed, Action under Section 390 allowed.
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1Appln 977-10.odt
Anand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.977 OF 2010
Marda Textiles .Applicant
V/s.
Anand Textiles & anr..Respondents
Mr.P.G.Sarda, Advocate, for the Applicant
Ms V.S.Mhaispurkar, APP, for Respondent No.2 -
State
P.C.
.Heard the learned counsel for the
respective parties.
2.This is an application for leave to file
an appeal against acquittal of respondent No.1
for the offence punishable under Section 138 of
the Negotiable Instruments Act, 1881. The
learned Magistrate came to the conclusion that a
sum of Rs.2,33,383/- and not Rs.2,58,383/- which
was reflected in the cheque was due and
2Appln 977-10.odt
therefore, he was proceeded to acquit the
respondent. It was possibly not the duty of the
Magistrate presiding over the trial for the
offence punishable under Section 138 of the
Negotiable Instruments Act, 1881 to take
accounts between the parties, particularly, when
the difference in the amount claimed and the
amount due is just Rs.25,000/-. Leave granted.
Admit. Call for R & P. Action under Section
390. Needless to say, 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 process to be
issued or served upon the accused but shall
admit them to such bails as he may deem fit.
2 issues framed by the court
Whether leave to file an appeal against acquittal under Section 138 NI Act should be granted when the magistrate incorrectly calculated the cheque amount.
Whether the High Court should interfere with the magistrate's finding on the decretal amount.
2 provisions across 2 enactments
Marda Textiles
Anand Textiles
State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court