Allowed

Marda Textiles v. Anand Textiles and Anr.

Bombay HC2 Jul 2012APPLN/977/2010

Case brief

AI extract

What is this about?

In Criminal Application No.977 of 2010, the High Court of Bombay granted leave to file an appeal against the acquittal of an accused for cheating under Section 138 of the Negotiable Instruments Act, 1881, dismissing the argument regarding a Rs.25,000 difference in adjudicated amounts. The court also ordered action under Section 390 CrPC.

What did the court decide?

Leave to file appeal granted. Order for calling records and action under Section 390 CrPC issued.

Marda Textiles Vs Anand Textiles and Anr. — Cheque Dishonour | Bombay HC (2012)

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1Appln 977-10.odt

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Anand

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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 CRIMINAL APPLICATION NO.977 OF 2010

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Marda Textiles .Applicant

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 V/s.

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Anand Textiles & anr..Respondents

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Mr.P.G.Sarda, Advocate, for the Applicant
Ms V.S.Mhaispurkar, APP, for Respondent No.2 -
State

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P.C.

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.Heard the learned counsel for the

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respective parties.

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2.This is an application for leave to file

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an appeal against acquittal of respondent No.1

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for the offence punishable under Section 138 of

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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

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2Appln 977-10.odt

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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.

Marda Textiles v. Anand Textiles and Anr.

Case brief

What is this about?

What did the court decide?

Marda Textiles v. Anand Textiles and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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