Application for leave to appeal against acquittal allowed. Criminal Court found debatable issue regarding underlying transaction. Appeals admitted. Bail granted to respondent.
Appeals admitted. Bail to respondent fixed at 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.
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917.ALP.303AND302-14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION [ALP] NO.303 OF 2014 WITH
CRIMINAL APPLICATION [ALP] NO.302 OF 2014
Shri Ajay Vitthal Desai Versus Shri Ravindra Madhukar Dhekane and another.
..Applicant
..Respondents
Mr. Madhav Jamdar, for the Applicant. Mr. A.R. Patil, APP, for the RespondentState. R.N. Sukhija, for Respondent No.1.
CORAM : A. R. JOSHI, J.
DATE : 25th JUNE, 2015
P.C.
leave to file appeal challenging the judgment and order of acquittal/conviction of the respondent in the matter of offence punishable under Section 138 of Negotiable Instruments Act. It appears that the trial Court was influenced by the apparent fact that the respondent had taken delivery of the goods directly from the factory at Taloja and it was defence of the respondent that there was
no business transaction between the parties and the respondent had given 10 cheques in blank as he had taken
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917.ALP.303AND302-14.doc
loan of Rs.3,50,000/ from the present applicant. In fact giving of a cheque is not denied, but, what is denied is the transaction underlying the said cheques. On the contrary the learned Counsel for the applicant submitted that there were total 8 transactions of purchase of electrical cables of certain company at Taloja from the present applicant who is dealer of the said company. According to the applicant, for delivery of such goods the cheques were given. Out of said eight cheques, three cheques were honoured and other cheques were dishonored. Out of those five cheques in two cases the payment was made on the strength of out of court compromise and in one matter the present respondent was convicted and in these two matters he was acquitted apparently on the ground of believing the case of the respondent that there was no transaction and the cheques were given as and by way of security.
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917.ALP.303AND302-14.doc
complaint which was filed. Regarding other details as to compounding in two matters, the learned Counsel for the respondent expressed inability to comment for want of instructions.
:: O R D E R ::
( A. R. JOSHI, J.)
Deshmane (PS)
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1 issue framed by the court
Whether the existence of a business transaction underlying the cheques is a debatable issue requiring a full hearing of the appeal.
1 provisions across 1 enactments
Shri Ajay Vitthal Desai
Shri Ravindra Madhukar Dhekane
Shri Ajay Vitthal Desai
A. R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
