Criminal Application for leave to appeal against a lower court's acquittal order based on inadmissible evidence. The High Court rejected arguments claiming the transaction was not money lending, dismissed reliance on cited precedents as off-point, and refused leave to appeal.
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.
Cr appln 347-11
smt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 347 OF 2011 (For Leave to File Appeal)
M/s. Arati Company .. Applicant. Vs.
Rashidlal Allabaksha Kothimbire & Anr. .. Respondents.
Shri Anand S. Kulkarni, for the Applicant. Shri R.S. Alange, for the Respondent No.1. Shri V.B. Konde Deshmukh, APP for the Respondent No.2.
CORAM : A. H. JOSHI, J.
DATED : 7TH OCTOBER, 2013.
documents/evidence which is produced.
“48) Though, the complainant /firm made basis of
this complaint is hire purchase agreement exh.22 but the complainant / firm failed to prove transaction of hire purchase agreement by leading cogent evidence. Moreover, transaction of hire purchase agreement is nowhere appearing in the complaint, verification and it is apparent only in the evidence of complainant therefore, as per settled law, evidence which is not based on pleading, has no bearing in law. Therefore,
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Cr appln 347-11
this evidence led by the complainant /firm cannot be considered.”
(quoted from Page 69 of the Criminal Application No.347 of 2011).
(A. H. JOSHI, J.)
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1 issue framed by the court
Whether a transaction based on a hire purchase agreement and negotiable instruments is excluded from the definition of money lending.
Colour shows how this judgement treated each authority
Dinesh R. Chokshi & anr. V/s. Rahul Vasudeo Bhatt & anr.Doubted¶22
2012(4) Bom. C.R.(Cri.) 764 · Who else cites this
Sohel Janmuhammed Memon & Ors. V/s. State of MaharashtraDoubted¶22
2006(6) AIR Bom R 268 · Who else cites this
Bhanushankar Jatashankar Bhatt V/s. Kamal Tara Builders Pvt. Ltd. & anr.Doubted¶22
1989(2) Bom. C.R. 526 · Who else cites this
M/s. Arati Company
Rashidlal Allabaksha Kothimbire
Anr
A. H. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
