Baburao Ramchandra Patil v. Maruti Babaji Patil And ANR

SATISH SANGAR 1 19-ALP-24-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by SATISH RAMCHANDRA SANGAR Date:

2023.01.23 10:42:32 +0530 CRIMINAL APPELLATE JURISDICTION SATISH RAMCHANDRA SANGAR APPLICATION FOR LEAVE TO APPEAL (PVT.) NO. 24 OF 2018 Baburao Ramchandra Patil ... Applicant

Versus

Maruti Babaji Patil and Anr.

... Respondents Mr.Anand Patil a/w Mr.Sandip Kagade, Advocate for Applicant. None for Respondent No.1.

Mr.H.J.Dedhia - APP for the Respondent No.2 - State. CORAM : S. M. MODAK, J.

DATED : 20th JANUARY, 2023 P. C. :- 1.

Heard learned Advocate Shri.Anand Patil for the Applicant - Complainant.

2.

The correctness of the judgment passed by the trial Court Magistrate, Kolhapur in a case instituted for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (26 of 1881) ["N.I.Act."]is challenged. Respondent-Accused was acquitted. 3.

Case of the Complainant is advancing hand loan of Rs.1,50,000/- and towards its discharge, two cheques ; one for Rs.1,00,000/- and another for Rs.50,000/- were issued by the Respondent. He took a defence that the Appellant being a Chairman of Khansa Khore Cooperative Credit Society Ltd., Mumbai has advanced loan to the Respondent-Accused and Accused has issued cheques towards discharge of that loan. He further took a defence that the Complainant has misused those cheques and used it for his own benefit.

SATISH SANGAR 2 19-ALP-24-2018.odt 4.

The defence of the Respondent was accepted by the trial Court. Whereas, in a statement recorded under Section 313 of the Code of Criminal Procedure, 1973 (2 of 1974) ["Cr.P.C."], Respondent took a defence that cheques are misused due to political rivalry. 5.

Arguable case is made out. The stand of the Respondent-Accused is inconsistent that is to say during cross-examination and in 313 statement of Cr.P.C. Burden on Accused is not so heavy. The test of preponderance of probability is to be ascertained. Hence, order :-

O R D E R

(i) Special Leave is granted.

(ii) Admit the Appeal.

(iii) Initiate action under Section 390 of Cr.P.C. and in case of arrest, learned Magistrate to release the Respondent-Accused on furnishing appropriate bail. (iv) Record and proceeding be called for.

6.

Let the matter be referred to Lok-Adalat to be held on 11th February, 2023. Let the Office of High Court Legal Services Committee to take appropriate steps.

(S. M. MODAK, J.)