Mohammad Khalik v. Ibrahim Mukadam And ANR

(2)-ALP-262-15.doc.

Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2021.12.08 10:56:06 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.262 OF 2015 BALAJI GOVINDRAO PANCHAL Mohammad Khalik ..Applicant

Versus

Ibrahim Mukadam and Anr.

..Respondents Mr. Murlidhar B. Kale, Advocate for the Applicant. Mrs. Rutuja Ambekar, APP for the Respondent - State. CORAM : NITIN W. SAMBRE, J.

DATE : 7th DECEMBER, 2021 P.C.

1.

Though served, none appears for the respondent. 2.

Once the mortgage-deed was admitted by the respondent - accused, so also the liability, in my opinion, the Court below has committed an error in shifting further burden on the applicant/complainant to prove that the cheque was issued in discharge of the legal enforceable debt.

3.

As such, leave granted.

4.

Admit.

5.

Call for record and proceedings.

[NITIN W. SAMBRE, J.] BGP.