Allowed

Shri Gajanan Nagri Sahakari Patsanstha Ltd. Akola Thr. Nandkishor Narayanrao Aware v. Suresh S/O Jagdish Pathak

Bombay HC10 Aug 2022APPA/218/2020

Case brief

AI extract

What is this about?

In Criminal Appeal arising from a Section 138 NI Act case, the High Court held the appeal was fit to be heard and admitted it. The Court granted leave to appeal, directed call of records, notice service, and fixed a provisional bond.

What did the court decide?

Leave to appeal granted. Respondent directed to furnish P.R. bond of Rs.5,000 with one surety in like amount before trial court.

Shri Gajanan Nagri Sahakari Patsanstha Ltd. Akola Thr… — Cheque Dishonour | Bombay HC (2022)

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29 appa218.20.odt

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

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CRIMINAL APPLICATION (APPA) NO.218 OF 2020

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Shri Gajanan Nagri Sahakari Patsanstha Ltd, Akola Vs. Suresh Jagdish Pathak

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_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directionsCourt's or Judge's orders.
and Registrar's Orders.

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Shri S.A.Mohta, Advocate for applicant.
Shri U.J. Deshpande, Advocate for non-applicant.

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CORAM : G.A. SANAP J. DATE : AUGUST 10, 2022.

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This is an appeal against the order of acquittal
passed by the learned Judicial Magistrate First Class, (Court
No.6), Akola dated 10.01.2020 in private complaint filed by
the appellant under Section 138 of the Negotiable
Instruments Act, 1881.

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Learned Advocate for the appellant submits that leave as prayed for to appeal against the judgment and order of acquittal passed by learned Magistrate may be granted.

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3.Learned Advocate for the respondent/original accused
submits that there is no iota of evidence to accept the case of
the appellant.

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In order to satisfy myself about factual position I have carefully gone through the record and particularly the order passed by the learned Judicial Magistrate First Class. In my opinion considering the facts and circumstances and the

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29 appa218.20.odt

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application of the relevant provisions of law, it would be just
and proper to grant leave to appeal against the impugned
judgment and order. Accordingly, leave to appeal is granted.

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CRIMINAL APPEAL NO. OF 2022

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5. Heard.

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ADMIT .

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7. Call for record and proceedings.

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8. Issue notice to the respondents.

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9. Shri Deshpande, learned Advocate waives service of notice for respondent.

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10. Learned Advocate for appellant shall file private paper book within three months.

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In view of admission of appeal, respondent shall furnish P.R. bond in the sum of Rs.5,000/- with one surety in the like amount before the learned trial Court.

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JUDGE

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Wagh

Shri Gajanan Nagri Sahakari Patsanstha Ltd. Akola Thr. Nandkishor Narayanrao Aware v. Suresh S/O Jagdish Pathak

Case brief

What is this about?

What did the court decide?

Shri Gajanan Nagri Sahakari Patsanstha Ltd. Akola Thr. Nandkishor Narayanrao Aware v. Suresh S/O Jagdish Pathak

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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