Rashmikant M. Shah v. Deepesh Vijay Parikh And ANR

1 of 2 9.ALP.144.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.144 OF 2015 IN CRIMINAL APPEAL NO.______2015 Rashmikant M. Shah Appellant versus Deepesh Vijay Parikh and another Respondents Mr.Kiran Kulkarni with Adv.K.Padmashri for appellant i/by Kulkarni & Associates.

Ms.R.M.Gadhavi, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE :

12th January 2018 PC :

1.

This is an application seeking leave to file an appeal challenging the judgment and order dated 21st January 2015 passed by learned Metropolitan Magistrate, 7th Court, Dadar, Mumbai. The applicant is the original complainant. The complaint was filed for offence under Section 138 of Negotiable Instruments Act. Learned advocate for the applicant submitted that there was sufficient evidence before the Trial Court to convict the accused. The findings of the Trial Court are contrary to the evidence on record. 2.

Arguable questions are raised for granting leave to file an appeal. Hence, I pass following order :

2 of 2 9.ALP.144.2015

ORDER

(i) Leave to file appeal against judgment and order dated 21st January 2015 passed by the Metropolitan Magistrate, 7th Court, Dadar, Mumbai, in CC No.1503/SS/2012 is granted; (ii) The appeal is admitted;

(iii) Call for record and proceedings.

(PRAKASH D. NAIK, J.) MST