The High Court at Aurangabad granted leave to the applicant to file an appeal against the acquittal of the respondent in a Section 138 NI Act case where the accused was allegedly required to examine the payee who received the cheque.
Leave to file an appeal against the acquittal is granted as prayed for.
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.
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alp15.20
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
80 APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO.15 OF
2020
BADRINARAYAN S/O. ARJUNSINGH PARDESHI VERSUS
RAMA S/O. BABURAO MOHITE
Mr. N. K. Pardeshi, Advocate for the applicant
CORAM:KISHORE C. SANT, J.
DATE:07th FEBRUARY, 2023
P. C.
1. Heard the learned advocate for the applicant.
2.This is an application seeking leave to file an appeal
against acquittal challenging the judgment and order dated 03-
01-2020 passed by the learned JMFC, Jalna in SCC No.
1846/2014 thereby acquitted the respondent from the
proceeding under Section 138 of the N. I. Act.
3.Learned advocate for the applicant vehemently
submits that accused has not rebutted presumption under
Section 139. It is defense of the accused that cheque was given
to one other person namely Vikey Seth and same has been
misused by the present applicant-complainant. Though the
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accused has examined himself in defense he has not examined
said Vikey Seth as defense witness. Therefore, he submits that it
was necessary for the accused to examine the said Vikey Seth.
He submits that impugned judgment and order deserves to be
quashed and set aside by holding that the accused is guilty for
the offence under Section 138 of the N. I. Act.
4. In spite of service, none appears for the respondent.
5.This court thinks that the case is made out to grant
leave to file an appeal against acquittal. Leave is granted as
prayed for. The criminal application stand allowed.
6. Office to register the memo as appeal.
[KISHORE C. SANT, J.]
VishalK/alp15.20
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1 issue framed by the court
Whether leave to appeal against acquittal should be granted when the accused failed to examine a specific defense witness despite examining himself.
2 provisions across 1 enactments
BADRINARAYAN S/O. ARJUNSINGH PARDESHI
RAMA S/O. BABURAO MOHITE
KISHORE C. SANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court