Wellknown Polyesters Limited v. The State Of Maharashtra And ORS

sr.9.alp.266.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION [ALP] NO.266 OF 2017 M/s.Wellknown Polyesters Limited ...

Applicant V/s.

The State of Maharashtra ...

Respondent Mr.A. M. Sarogi for the applicant.

Mr.S.V. Gavand, APP for the respondent/State. Mr.N.V. Vechalekar for respondents no.2 to 4. CORAM : A.M.BADAR J.

DATED : 7th AUGUST 2018.

P.C. :

1.

Heard both sides.

2.

Perused the impugned Judgment and order of acquittal as well as copies of deposition of witnesses.

3.

Prima facie, it is seen that the amount due to the applicant/original complainant was paid by the accused to somebody else. There is nothing to demonstrate that the payment was made to the authorised person. Hence, it cannot be said, prima facie that by Vina k 1/2

sr.9.alp.266.2017 preponderance of probabilities the accused persons have discharged their onus. Therefore, the case for consideration is made out. Hence the order;

:: ORDER ::

(i) Leave as prayed is granted.

(ii) The application for leave to appeal to be considered as memo of appeal on effecting necessary amendment thereto.

(iii) Admit.

(iv) Mr.Vechalekar, the learned Advocate waives notice for respondent nos.2 to 4.

(v) The learned Additional Public Prosecutor waives notice for respondent no.1/State.

(vi) Call for Record and Proceedings.

(vii) In the meanwhile, in lieu of action under Section 390 of Criminal procedure Code, the respondents/accused to furnish P.R. Bond of Rs.15,000/- each before the learned Trial Court within a period of four weeks from today. Digitally signed by Vina Arvind Khadpe Date:

2018.08.07 15:47:44 +0530 Vina Arvind Khadpe (A.M.BADAR J.) Vina k 2/2