High Court allowed criminal application for leave to file appeal challenging acquittal in cheque dishonour case. Bench held substantive issues warrant appeal and called for record. Appeal admitted.
Leave to file appeal allowed; appeal admitted; call for record of trial court proceedings and pleadings granted.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION (ALP) NO.269 OF 2015
Uday Mahadev Chorge ..Applicant V/s. Ashif Allauddin Lakhwa & Anr. .. Respondents ----
Mr.S.K.Fharkate for the applicant. Mrs.Anamika Malhotra APP for the Respondent-State.
CORAM : A. R. JOSHI, J. DATE : 01st DECEMBER, 2015.
P.C.
in the matter of offence punishable under section 138 of Negotiable Instrument Act.
6-alp-269-2015
deposited in the bank account. The defence of the accused/respondent no.1 is that he had taken only a loan of Rs.80,000/- from the complainant and there was no transaction of sale of any room, much less for such a small amount of Rs.11,00,000/-. It is also the defence of respondent no.1 that he was taken to some Notary by the complainant and was asked to sign on two to three documents. Apparently the trial Court was influenced by the defence but did not consider the factual position that giving of a cheque was not disputed by the respondent no.1 as according to the defence the complainant obtained said cheque as a security for the borrowed amount of Rs.80,000/- and it was misused.
(A. R. JOSHI, J)
N.S. Kamble page 2 of 2
1 issue framed by the court
Whether leave to file appeal against acquittal should be granted where trial court did not consider the factual position that cheque giving was undisputed.
1 provisions across 1 enactments
Uday Mahadev Chorge
Ashif Allauddin Lakhwa
A. R. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
