Allowed

Smt. Vandana W/O. Dayaram Gohil v. Kisan S/O. Deviprasad Jaiswal

Bombay HC7 Mar 2019APPP/402/2019

Case brief

AI extract

What is this about?

Allowed an application granting leave to file an appeal against an acquittal in a cheque dishonour case under Section 138 of the Negotiable Instruments Act and directed disposal of the application without action under Section 390.

What did the court decide?

Leave to file appeal is granted. Office is directed to register the appeal. No action under Section 390 should be taken.

Smt. Vandana W/O. Dayaram Gohil Vs Kisan S/O. Deviprasad… — Cheque Dishonour | Bombay HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR

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CRIMINAL APPLICATION (APPA) NO.681/2018 IN

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CRIMINAL APPEAL NO.............../2019 Smt.Vandana w/o Dayaram Gohil ..vs.. Kisan s/o Deviprasad Jaiswal

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....................................................................................................................................................................................... O ffice N otes, O ffice M em oranda of C oram ,

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appearances, C ourt orders or direction s and R egistrar's orders

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C ourt's or Judge's O rder

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Ms Pragati Mishra, Adv. with Shri P.P.Kotwal, Counsel for the applicant.

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CORAM : V.M.DESHPANDE, J. DATED : MARCH 7, 201 9 .

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Heard Advocate Ms Pragati Mishra with learned

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counsel Shri P.P.Kotwal for the applicant.

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This is an application seeking leave to file an appeal challenging judgment and order of acquittal dated 9.11.2017 passed by Lower Appellate Court in Criminal Appeal No.286/2014.

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The applicant is original complainant. She filed a complaint alleging therein that the non-applicant herein committed offence under Section 138 of the Negotiable Instruments Act. The said complaint was registered as Summary Criminal Case No.474/2012. Learned Magistrate vide order dated 24.7.2014 convicted the non-applicant for offence under Section 138 of the Negotiable Instruments Act which is upset in the appeal filed by the nonapplicant/original accused.

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After hearing learned counsel for the applicant and after perusing the impugned judgment along with judgment and order of conviction passed by learned Magistrate, I am satisfied that the applicant has made out a case grant of leave to file the appeal.

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Hence, the application is allowed. Leave to file appeal is granted to the applicant. Office is directed to register the appeal.

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The criminal application stands disposed of accordingly.

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Criminal Appeal No.........../2019

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Heard Advocate Ms Pragati Mishra along with learned counsel Shri P.P.Kotwal for the appellant.

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Issue Notice on admission to the respondent, returnable after 8 weeks.

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It is made clear that no action under Section 390 should be taken.

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Criminal Application (APPP) No.402/2019

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This is an application for grant of permission to produce documents on record.

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For the reasons stated therein, the application is allowed and disposed of accordingly.

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JU DG E

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!! BR W !!

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...../-

Smt. Vandana W/O. Dayaram Gohil v. Kisan S/O. Deviprasad Jaiswal

Case brief

What is this about?

What did the court decide?

Smt. Vandana W/O. Dayaram Gohil v. Kisan S/O. Deviprasad Jaiswal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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