Fafadia Electrochem Texpharma (P) Ltd v. Bhushan Goyal And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 238 OF 2013 Fafadia Electrochem Texpharma (P) Ltd. .. Applicant v/s.

Mr. Bhushan Goyal & Anr.

..Respondents Mr.Kishore Bhatia for the Applicant.

Mr. Rajendra Sorankar i/b. S.K.Jain for the Respondent. Mr. J.H.Ramugade, APP for the State.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : SEPTEMBER 15, 2015.

P.C.

1.

Heard learned Counsels for the applicant and the respondent. This is an application for leave to appeal against judgment dated 11.2.2013 in C.C.No.1101/SS/2005 whereby the respondent no.1 stands acquitted of offence under Section 138 of the Negotiable Instruments Act.

2.

A perusal of the judgment reveals that the respondent no.1 has been acquitted mainly on the ground that PW1 was not duly authorized by the company to file and conduct the case.

3.

Arguable points are raised. Leave granted. Appeal is admitted. Respondent no.1 to furnish P.R. Bond of Rs.10,000/- with one surety in the like amount to the satisfaction of the learned Metropolitan Magistrate, 6th Court, Mazgaon, Mumbai.

(ANUJA PRABHUDESSAI, J.)

CERTIFICATE Certified to be true and correct as per the original signed judgment/order.