Can Offshore Private Limited v. The State Of Maharashtra And ANR

57-ALP179-2019.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION FOR LEAVE NO. 179 OF 2019 WITH CRIMINAL APPLICATION FOR LEAVE NO. 180 OF 2019 Can Offshore Private Limited ...|Applicant

Versus

The State of Maharashtra & Anr

...Respondents

Mr. K.P. Anilkumar, with Mr. Amit Sane, & Mr. Chinmay Apte, for the Applicant in both matters.

Mr. A.R. Kapadnis, APP, for the Respondent-State.

CORAM:

Nitin W. Sambre, J.

DATED:

29th November 2021 P.C.:- 1.

The Respondent-accused was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. As such, this application for grant of leave to appeal. Digitally signed by ATUL GANESH KULKARNI Date:

2021.11.30 10:17:30 +0530 ATUL GANESH KULKARNI 2.

I have heard the learned Counsel for the Applicant at some length. The witness of the Applicant has not supported the case of the Complainant. Not only he has failed to prove the 1 / 2

57-ALP179-2019.DOC authorization issued by his company in his favour but for the production of the same nor the initial burden is discharged thereby placing on record a copy of the ledger so as to demonstrate that the cheques were issued towards admitted debt.

3.

That being so, the acquittal is justified. No case for leave to appeal is made out.

4.

Both the Applications are rejected.

(Nitin W. Sambre, J.) 2 / 2