Jagshi Ranmal Gala v. The State Of Maharashtra And ANR

(33) ALP-299-14.doc BDP-SPS Bharat D. Pandit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by Bharat D.

Pandit Date: 2019.12.04 11:59:36 +0530 CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 299 OF 2014 WITH CRIMINAL APPLICATION NO.300 OF 2014 Mr. Jagshi Ranmal Gala .... Applicant.

V/s State of Maharashtra and Anr.

..... Respondents.

--- Mr. Prakash V. Dhopatkar for the Applicant in both the Applications. Mr. A.R. Kapadnis, APP for the State.

---- CORAM: NITIN W. SAMBRE, J.

DATE: DECEMBER 2, 2019 P.C.:- 1] Both these Applications are for leave to file appeal. 2] The Respondent/Accused is acquitted of an offence punishable under Section 138 of the Negotiable Instruments Act. 3] Defence of the Accused is that of denial of liability, as according to him, the cheque was never issued towards legally enforceable debt. 4] Considering the factual background as regards the alleged 1/2

(33) ALP-299-14.doc transaction entered into between the parties, primarily Applicant/Complainant is required to discharge the onus by demonstrating that the Applicant has advanced loan as is claimed. Applicant/Complainant has failed to demonstrate that, on the relevant date, he had financial capacity to pay huge amount to the Respondent/Accused and such amount was paid by him in cash. 5] The learned Magistrate upon appreciation and analysis of evidence has recorded a finding that the Applicant/Complainant has failed to discharge the initial onus.

6] Findings of the learned Magistrate are based on pleadings in the complaint and evidence on record.

7] The view expressed by the learned Magistrate for acquitting the Accused is a possible view. No case is therefore made out for interference. Hence, both these Applications for leave to appeal stand rejected.

( NITIN W. SAMBRE, J. ) 2/2