Ashoka Buildcon Ltd v. Unique Rehab Pvt Ltd And ORS

by IRESH SIDDHARAM MASHAL Date: 2021.11.26 09:29:45 +0530 IRESH SIDDHARAM MASHAL 27.13 alp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 27 OF 2013 ASHOKA BUILDCON LTD ....APPLICANT V/s.

UNIQUE REHAB PVT. LTD.

.....RESPONDENTS AND ANR Mr. R. S. Apte, Senior Advocate i/b Mr. A. A. Garge advocate for the Applicant Mr. Devendra Tiwari i/b Siddharth Murarka for respondent no. 1 Mr. A. R. Kapadnis APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE:

NOVEMBER 25, 2021.

P.C.:

1] This is an application for grant of leave to appeal against the Judgment of acquittal dated 01/11/2012.

2] Applicant claims that respondent-accused was supplied with ready mix concrete and towards admitted debt, cheque in question was issued.

3] It is claimed that initial burden is discharged by the applicant based on copy of ledger and the bills Exh. 33. Accused has admitted 1/2

27.13 alp.doc about issuance of cheque, however, defence is set up that same was towards security deposit.

4] Prima facie, it appears that applicant has discharged initial burden and as such, it was for respondent-accused to demonstrate that cheque was not issued towards legally enforceable debt. Case for consideration is made out. As such, leave granted. 5] Admit.

6] Mr. Devendra Tiwari waives service for respondent. 7] Action under Section 390 of Code of Criminal Procedure, 1973. 8] Call for record and proceedings.

9] Paper-book to be placed on record by the appellant-applicant within 3 months from today.

[NITIN W. SAMBRE, J.] 2/2