This application sought leave to appeal against an acquittal in a Section 138 NI Act case. The court granted leave, admitted the appeal, and ordered the respondent to execute a P.R. bond.
Leave to appeal granted; appeal admitted; respondent to execute P.R. Bond of Rs. 15,000/-.
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.
15-ALP-60-2014-ALP-61-2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.60 OF 2014 WITH CRIMINAL APPLICATION NO.61 OF 2014
ISHWAR AILDAS FATNANI )...APPLICANT
V/s.
VISHAL H. GUPTA AND ANOTHER )...RESPONDENTS
Mr.Vaibhav Sugdare with Ms.Namrata Jayakar i/b. Jayakars, Advocate for the Applicant.
Mr.Sanjay Bhatia, Advocate for Respondent No.1.
Mr.P.H.Gaikwad-Patil, APP for the Respondent - State.
CORAM : A. M. BADAR, J. DATE : 29th OCTOBER 2018
P.C. :
1 These are applications for leave to appeal challenging acquittal of the respondent of the offence punishable under Section 138 of the Negotiable Instruments Act. In my considered
opinion, case for consideration is made out in the wake of Deed of
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15-ALP-60-2014-ALP-61-2014.doc
Undertaking allegedly executed between the parties. Hence, the order :
ORDER
ii) Memo of Applications for leave to appeal be treated as Memo of Appeals on effecting necessary amendments thereto.
iv) Admit.
vii) Call for Record and Proceedings.
viii) In lieu of action under Section 390 of the Code of Criminal
Procedure, the respondent no.1 to execute P.R.Bond in the sum of Rs.15,000/- before the learned trial court, within the period of 4 Weeks.
(A. M. BADAR, J.)
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1 issue framed by the court
Whether orders granting leave to appeal and admitting the criminal appeal in a complaint for cheque dishonour are maintainable.
2 provisions across 2 enactments
Ishwar Aildas Fatnani
Vishal H. Gupta
A. M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
