Ratan Singh Rumnam Singh Bartawal v. The State Of Maharashtra And ANR

SWAROOP SHARAD PHADKE SWAROOP SHARAD PHADKE Date: 2022.07.08 20:52:47 +0530 63 alp 8 of 2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.8 OF 2020 Ratansingh Gumnam Singh Bartawal ...

Applicant versus State of Maharashtra & Anr.

...

Respondents Ms. Devyani Katira, for Applicant.

Ms. Neha Mane i/by Mr. Rajesh More, for Respondent No.2. CORAM: N.J.JAMADAR, J.

DATE :

th JULY, 2022 P.C.

1.

Heard the learned Advocate for the Applicant. 2.

The learned Counsel for the Respondent No.2 seeks time to work out the matter.

3.

The record indicates that the Application for leave is pending since long. 4.

Perused the impugned judgment.

5.

The learned Magistrate has held that there is compliance of the statutory provisions. However, the point of legal enforceability of debt or liability was answered against the complainant-Appellant.

6.

An arguable case is made out as regards the finding recorded by the learned Magistrate that the subject cheque was not drawn in discharge of legally enforceable debt or liability.

7.

Hence, Appeal is admitted.

SSP 1/2

63 alp 8 of 2020.doc 8.

Issue notice to the Respondents.

9.

The learned Counsel for the Respondent No.2 waives service. 10.

Call R & P.

List in normal course.

( N.J.JAMADAR, J. ) SSP 2/2