Golden Liquor Agencies v. Linesh Satope and Anr.
Case brief
What is this about?
The Corp. Bench dismissed an application for leave to appeal. The applicant sought to challenge the acquittal of the respondent under Section 138 of the NI Act. The High Court found that cheques were issued for accounting purposes without consideration, negating a legally enforceable debt.
What did the court decide?
Application for leave to appeal rejected; High Court confirms acquittal under Section 138.
What the court decided
ALP-76-13.sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 76 OF 2013
Goden Liquor Agencies ... Applicant vs. Mr. Linesh Satope & Anr. ... Respondents
Mr.Kishor Bhatia ,Advocate for the applicant. Mr. Prakash Naik, Advocate, for respondent No.1. Mr. S.R.Shinde,APP,for the respondent-State
CORAM: SMT. SADHANA S.JADHAV,J. DATE : 22nd July, 2013.
P.C.
- The applicant herein is the original complainant and respondent No.1 is the accused in C.C. No.711/SS/2009. The learned Metropolitan Magistrate, Court No.55, Mazgaon, Mumbai, by a judgment and order dated 4.7.2012 has been pleased to acquit the present respondent No.1 of the offence punishable under Section 138 of the Negotiable Intruments Act, 1881. Hence, this application seeking leave to appeal.
- The case of the complainant was that respondent No.1 was working as a salesman with the applicant-firm for about 11 years. His duty was to book
Mhi 2 ALP-76-13.sxw
Issues for consideration
1 issue framed by the court
Whether cheques issued by the accused for accounting purposes without consideration constitute a legally enforceable debt under Section 138 of the Negotiable Instruments Act.
Parties & counsel
- applicant
Goden Liquor Agencies
- respondent
Linesh Satope
Coram
Sadhana S. Jadhav
Case details
As recorded by the court registry
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