The State Trading Corporation Of India Ltd. v. The State Of Maharashtra And ANR.

1 6.295.14 alp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 295 OF 2014 (FOR LEAVE TO APPEAL) The State Trading Corporation of India .....Applicant Ltd.

V/s.

The State of Maharashtra and others .....Respondents Mr. Benny Joseph i/b Benny Joseph Law Offces LLP for the applicant Mr. R. M. Pethe APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE :

NOVEMBER 6, 2019.

P.C.

In view of admission given by witness of the accused namely Anil anant Biittar that the cheque in question is forwarded to complainant-Corporation, presumption under Section 139 of the Negotiable Instruments Act could be prima facie inferred against accused person.

2 6.295.14 alp.doc Hence, leave is granted.

Admit.

Call for record and proceedings. Action under Section 390 of Code of Criminal Procedure, 1973 be taten against respondent nos. 2 to 5. They be admitted to bail on same terms and conditions on which he was ordered to be released on bail by the Court below. [NITIN W. SAMBRE, J.]