Common order granting leave to three applicants to file independent appeals challenging acquittal in cheque dishonor cases arising from the same transaction. Bail directions issued under Section 390 Cr.P.C.
Leave to file independent appeals admitted; process under Section 390 Cr.P.C. initiated with bail sum of Rs. 500.
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.
Waghmare
13.appln.1149.2012with alp325.13 with alp326.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPEALLATE JURISDICTION
CRIMINAL APPLICATION NO. 1149 OF 2012 WITH A.L.P. NO.325 OF 2013 WITH A.L.P. NO.326 OF 2013
Sunil Narayan
.. Applicant
Versus
Dilip Sadashivrao Desai & Anr. .. Respondents
Shri Amit Shete for the Applicant. Shri Anand S. Patil, for the Respondent No.1 Shri D.R. More, A.P.P. for the State.
CORAM : A.R. JOSHI, J.
DATED : 29th OCTOBER, 2014.
P.C. :
1 Heard rival submissions on all the three applications for leave to file independent appeals challenging the judgment and order of acquittal of respondents in the matter of offence punishable under section 138 of Negotiable Instruments Act.
2 All the three applications in three different appeals are being disposed by this common order as out of the same transaction of advance of money under some agreement, three cheques were
1
Waghmare
13.appln.1149.2012with alp325.13 with alp326.13
given by Respondent No.1 from the bank account of Respondent No.2 his wife and the parties are same in all the three matters.
3 The trial court came to the conclusion that the concerned cheques were given from the account of Firm and signed by the husband and not proprietor of the Firm. On this, it is argued on behalf of the applicants that the legally enforceable debt was out of the agreement between the parties and the agreement was signed by both the respondents.
4 This is a debatable issue to be dealt with in detail at the time of final hearing of the present three appeals and as such leave is granted in all the three matters to file appeal challenging acquittal of respondents. All the three appeals are admitted. Process under Section 390 of Cr.P.C be initiated against the respondent/accused with directions to the concerned Magistrate to release the respondent on bail in sum of Rs.500/.
2
1 issue framed by the court
Whether leave to file independent appeals challenging acquittal should be granted when the cheques were given by a firm account signed by the husband but the agreement was signed by both respondents.
2 provisions across 2 enactments
Sunil Narayan
Dilip Sadashivrao Desai
A.R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
