Nathalal Parekh Charity Trust v. Paras G. Buddhadev And ANR

(919)ALPNo.572016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE JURISDICTION CRIMINAL APPLICATION NO.57 OF 2016 (For Leave to appeal - Private) Nathalal Parekh Charity Trust ...

Applicant V/s.

Mr.Paras G. Buddhadev & Anr.

...

Respondents .....

Mr.Kishor Bhatia, Advocate for the Applicant. Mr.S.V.Gavand, APP for the Respondent/State.

....

CORAM : A.M.BADAR J.

DATED : 23rd June 2017.

P.C. :

None for the respondent No.1/original accused. Heard the learned Advocate appearing for the applicant/original complainant. He argued that a cheque for Rs.15,00,000/- was issued by the respondent No.1 in favour of the present applicant/original complainant for discharging legally payable debt. But the said cheque was dishonoured. The learned Advocate drew my attention to the admissions given by the respondent No.1/original accused regarding receipt of amount by the respondent No.1/original accused. It is further pointed that the learned trial Court itself has disbelieved the defence of the respondent/accused that the amount was paid to be respondent/accused for making Short Term investment in the Gaikwad RD 1/2

(919)ALPNo.572016 Stock Market. With this the learned Advocate for the applicant/original complainant submitted that the learned trial Court erred in believing some emails exchanged between the respondent/original accused and one Rajdeep who is not concerned with the applicant/original complainant which is a public trust.

From the impugned Judgment and Order of acquittal, it is revealed that receipt of the amount by the respondent/accused as well as issuance of cheque for part repayment of that amount is not in dispute. E-mails exchanged between respondent/accused and third person are relied by the learned trial Court for disbelieving the case of the original complainant. Hence, this is a fit case to grant leave to file appeal and as such, the order :

(i) Leave, as prayed, is granted.

(ii) Application for grant of leave be treated as Memo of Appeal.

(iii) Admit.

(iv) Issue notice to respondents returnable 15th September 2017.

(v) Call for Record and Proceedings.

(vi) In the meanwhile, action under Section 390 of the Code of Criminal Procedure, 1973 before the trial Court. (A.M.BADAR J.) Gaikwad RD 2/2