A single-judge criminal appellate court rejected an application for leave to appeal against acquittal in a cheque-dishonour case under Section 138 of the Negotiable Instruments Act, finding no proof that the notice of demand was issued or received.
Application under Section 378(4) CrPC for leave to appeal was rejected.
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.
24.ALP.2.16.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.02 OF 2016
Trimurti Nagari Sahakari Pat Sanstha Ltd.
… Applicant
V/s.
Shri. Bhausaheb Dadu Thombare … Respondent
Mr. R.A. Naik i/by U.R. Mankapure for the Applicant. Ms. R.M. Gadhvi, APP for the Respondent State.
CORAM : A.S.GADKARI, J.
DATE : 19th MARCH, 2018
P.C.:
against the judgment and order dated 20.10.2015 passed in Summary Criminal Case No.615 of 2008, by the learned Judicial Magistrate First Class, Jaysingpur, thereby acquitting the respondent from the offence punishable under Section 138 of Negotiable Instrument Act (hereinafter referred to as the N.I.Act).
The evidence on record clearly reveals that the applicant has failed to prove the basic fact that, he infact had issued a notice under Section 138 of
Aarti Palkar
24.ALP.2.16.doc
the N.I.Act and the Respondent No.1 had received it. As the applicant failed to prove the said basic fact as contemplated under Section 138 of the Negotiable Instrument Act, the Trial Court has acquitted the respondent from the offence alleged against him.
No case is made out for grant of leave.
(A.S.GADKARI, J.)
2/2
Aarti Palkar
3 issues framed by the court
Whether to grant leave to appeal against acquittal under Section 138 of the Negotiable Instruments Act.
Whether the applicant proved issuance and receipt of notice under Section 138 of the Negotiable Instruments Act.
Whether the trial court's acquittal was a reasonable and probable view.
2 provisions across 2 enactments
Trimurti Nagari Sahakari Pat Sanstha Ltd.
Shri. Bhausaheb Dadu Thombare
A.S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
