In a revision under Article 142 CrPC against an acquittal in a Section 138 NI Act case, the Court allowed the leave to entertain the revision, stating that the case for consideration is made out.
Leave to file the revision against the order of acquittal allowed for consideration.
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.
Andreza 1
IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL MISC. APPLICATION NO. 66 OF 2019
IN
STM NO. 1878 OF 2017
(Filing No.)
Kranti Gudinho
...... Applicant
V e r s u s
Socorina Fernandes & anr.
......Respondents
Mr. Shailesh Redkar, Advocate for the Applicant.
Mr. Salil Satish Saudagar, Advocate for the Respondent no.1, U/LAS.
Mr. Pravin Faldessai, Additional Public Prosecutor for the Respondent no.2.
CORAM : NITIN W. SAMBRE, J.
DATE : 7th April, 2021
P.C.
This revision is against the order of acquittal of the accused for an
offence punishable under Section 138 of the Negotiable Instruments Act.
2. The Trial Court acquitted the Respondent-Accused on the ground that
the Applicant has failed to discharge the initial burden of legally enforceable
debt, though he was holding the cheque issued by Respondent-Accused.
Andreza 2
Issuance of cheque by the Respondent-Accused is not seriously disputed.
3. Case for consideration is made out. Leave granted.
NITIN W. SAMBRE, J.
ANDREZA PEREIRA Digitally signed by ANDREZA PEREIRA Date: 2021.04.09 15:29:09 +05'30'
1 issue framed by the court
Whether the High Court's revision against an order of acquittal in a cheques-dishonour case reaches the ground stage.
2 provisions across 2 enactments
Kranti Gudinho
Socorina Fernandes
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court