Divesh Harish Trivedi v. Deepak Dhirajlal Vasani And ANR.

(904)-ALP-85-15.doc.

by BALAJI GOVINDRAO PANCHAL Date: 2021.11.26 12:03:38 +0530 BALAJI GOVINDRAO PANCHAL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.85 OF 2015 Shri. Divesh Harish Trivedi ..Appellant

Versus

Shri. Deepak Dhirajlal Vasani and Anr.

..Respondents None for the Appellant.

Mr. M. G. Patil, APP for the Respondent - State. CORAM : NITIN W. SAMBRE, J.

DATE : 25th NOVEMBER, 2021 P.C.

1.

On 24th November, 2021 in spite of second call, none appeared for the applicant. As such, matter was posted today for dismissal.

2.

Today also, when the matter is called out, none appears for the applicant.

3.

The respondent - accused was acquitted in offence punishable under Section 138 of the Negotiable Instruments Act. Perusal of the judgment of the acquittal depicts that the complaint was initiated through a partnership firm of which the applicant claimed to be a partner. Neither the registration certificate nor the deed of partnership was produced on record. Apart from above, service of statutory notice on the respondent - accused is under BGP.

(904)-ALP-85-15.doc.

cloud as the witness was unable to support the case of the complainant.

4.

In the aforesaid background, acquittal of the accused is based on the appreciation of evidence available on record. The view is a plausible view. That being so, no case for any relief is made out. 5.

Appeal as such stands dismissed.

[NITIN W. SAMBRE, J.] BGP.