Rajesh Motors Pvt. Ltd., Satara v. Appaso Hari Gawade And ANR

(11)ALPNo.142016 8IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.14 OF 2016 (For Leave to Appeal - Private) Rajesh Motors Pvt. Ltd., Satara ...

Applicant V/s.

Appaso Hari Gawade & Anr.

...

Respondents .....

Mr.Dhananjayrao D. Rananaware, Advocate for the Applicant. Mr.S.V.Gavand, APP for the Respondent/State.

....

CORAM : A.M.BADAR J.

DATED : 16th OCTOBER 2018.

P.C. :

Heard the learned Counsel appearing for the applicant and perused the impugned Judgment and Order of acquittal so also other material placed on record.

It is seen that hyper technical view is adopted by the learned trial Court in acquitting the respondent/accused of the alleged offence ignoring the purport of presumption that the cheque was issued for consideration.

Gaikwad RD 1/2

(11)ALPNo.142016 In this view of the matter, the following Order :

ORDER

(i) Leave as prayed is granted.

(ii) Memo of Application for leave to appeal be considered as Memo of Appeal on effecting necessary amendment. Leave to amend to that effect is granted.

(iii) Admit.

(iv) Issue notice to respondents.

(v) The learned Additional Public Prosecutor waives notice for the respondent/State.

(vi) Call for Record and Proceedings.

(vii) In the meanwhile, in lieu of action under Section 390 of the Code of Criminal Procedure, the respondent No.1 should execute P. R. Bond of Rs.15,000/- before the learned trial Court within a period of four weeks. (A.M.BADAR J.) Gaikwad RD 2/2