Soham Nagari Sahakari Pat Sanstha Maryadit v. Darshana Navinkumar Shah And ANR

sr.16.alp.379.2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION [ALP] NO.379 OF 2013 Soham Nagari Sahakari Patsanstha Maryadit through its Authorised Officer Shri.Aadesh Babasaheb Thorat ...

Applicant V/s.

Darshana Navinkumar Shah and anr.

...

Respondents Mr.Abhijit P. Kulkarni for the applicant.

Mr.S.V. Gavand, APP for the respondent/State. CORAM : A.M.BADAR J.

DATED : 2nd JULY 2018.

P.C. :

1.

None appeared for respondent no.1/original accused. 2.

Heard. Perused the impugned judgment and order of acquittal also perused the documents effecting advancement of loan. It is seen that loan of Rs.45,000/- was sanctioned in favour of the respondent/accused and as per by-laws of the applicants/society 10% of that amount came to be deducted as deposit. That is how actual amount of Rs.40500/- came to be advanced to the respondent/accused. Despite this documentary evidence, the learned Trial Court prima facie Vina k 1/2

sr.16.alp.379.2013 erred in concluding that evidence of the complainant to the effect that an amount of Rs.45,000/- was advanced as a loan, is doubtful. Consequently, it is further held that subsequent calculation are wrong and illegal. The documentary evidence prima facie shows that loan advanced was Rs.45,000/-. Hence, the order;

:: ORDER ::

(i) Leave as prayed is granted.

(ii) Memo of application for leave to appeal be considered as memo of appeal on effecting necessary amendment. (iii) Leave to amend is granted.

(iv) Admit.

(v) Issue notice to the respondents.

(vi) The learned APP waives notice for respondent no.2/State.

(vii) In the meanwhile, action under Section 390 of the Cr.P.C before the learned Trial Court.

(A.M.BADAR J.) Vina k 2/2