Rakesh Kumar Roshanlal Surana v. Abdul Hakkim And ANR

(2)-ALP-442-15.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.442 OF 2015 Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2021.12.17 17:36:21 +0530 BALAJI GOVINDRAO PANCHAL Shri. Rakeshkumar Roshanlal Surana ..Applicant

Versus

Mr. Abdul Hakkim and Anr.

..Respondents Mr. Manish Jain a/w Shivani Doshi i/by S. M. Jain Associates, for the Applicant.

None for Respondent No.1.

Mrs. Rutuja Ambekar, APP for the Respondent No.2 - State. CORAM : NITIN W. SAMBRE, J.

DATE : 17th DECEMBER, 2021 P.C.

1.

Though served none appears for the non-applicant/ accused.

2.

It appears that the applicant/complainant entered into witness box and discharged initial burden at Exh.12 as contemplated under Section 118 and 139 of the Negotiable Instruments Act. Prima-facie an error is committed by the Court below thereby going into the issue of source of Rs.5,00,000/- of the applicant.

3.

As such, case for consideration is made out.

4.

Leave granted.

BGP.

(2)-ALP-442-15.doc.

5.

Admit.

6.

Call record and proceedings.

7.

Action under Section 390 of CrPC.

8.

Paper-book be filed within a period of six months. [NITIN W. SAMBRE, J.] BGP.