Praful Shankarrao Ahire v. the State of Maharashtra and Anr.
Case brief
What is this about?
The High Court maintained the trial court's order allowing secondary evidence of an unstamped, unregistered Memorandum of Understanding in a Section 138 prosecution, relying on specific provisions of the Maharashtra Stamp Act, while staying the operation of the order pending Supreme Court appeal.
What did the court decide?
The writ petitions were dismissed; however, the operation of the maintenance order is stayed until 11th June, 2019.
What the court decided
Sherla V.
wp.507.2018+_901.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.507 OF 2018 with CRIMINAL WRIT PETITION NO.523 OF 2018
Praful Shankarrao Ahire … Petitioner
Vs
The State of Maharashtra & anr. … Respondents
Mr.P.B. Shah with Ms.Gunjan Shah i/b K.P. Shah for the Petitioner in both Petitions
Mrs.M.R. Tidke, APP, APP, for the Respondent – State
Mr.N.R. Bubna for Resp. No.2
CORAM: Mrs.MRIDULA BHATKAR, J.
DATED: APRIL 8 & 9, 2019
Issues for consideration
3 issues framed by the court
Whether an unregistered and unstamped Memorandum of Understanding is admissible as secondary evidence in a Section 138 proceeding.
Whether Section 35 of the Indian Stamp Act permits admission of uncertified copies in criminal proceedings under the Negotiable Instruments Act.
Whether the trial court order allowing secondary evidence of the Memorandum of Understanding should be set aside in the High Court.
Parties & counsel
- petitioner
Praful Shankarrao Ahire
- respondent
The State of Maharashtra
Coram
MRIDULA BHATKAR
Case details
As recorded by the court registry
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