Sudhakar Bhaskar Gaikwad v. Satish Chandrakant Sonawane And ANR.

21-wp-4797-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4797 OF 2019 Sudhakar Bhaskar Gaikwad

...Petitioner

vs.

Satish Chandrakant Sonawane and Another

...Respondents

Mr. P.G. Chavan, for the Petitioner Ms. Gauri Shah, for the Respondent No. 1.

VISHAL SUBHASH PAREKAR CORAM :

N. J. JAMADAR, J.

DATE :

APRIL 27, 2022 VISHAL SUBHASH PAREKAR Date: 2022.04.29 14:36:42 +0530 P.C.:

1.

Heard the learned counsel for the petitioner and the learned counsel for respondent No. 1.

2.

The petitioner is facing prosecution for the offence punishable under section 138 of the Negotiable Instruments Act, 1881 in S.C.C. No. 1082 of 2015.

3.

Assailing the order passed by the learned Additional Chief Judicial Magistrate, Pandharpur on 3rd August, 2019 whereby the prayer of the petitioner to send a chit, which according to the petitioner is in the handwriting of respondent No. 1/complainant and incorporates the record of the transaction between the complainant and accused, came to be rejected. The learned Magistrate was of the view that the onus lay upon the accused to establish that the said chit contains the record of the transaction Vishal Parekar, P.A.

...1

21-wp-4797-2019.doc between the complainant and accused and the contents thereof are in the handwriting of the complainant.

4.

The learned counsel for the respondent No. 1 complainant pointed out that the said chit has not been yet proved in evidence. From the perusal of the copy of the said chit (page Nos. 36 and 37 of the petition), it becomes evident that it is simply marked 'Article A'. The petitioner would have an efficacious opportunity to lead evidence in proof of the said chit.

5.

In this view of the matter, the observations of the learned Magistrate that the content of the said chit do not have any link with the defence of the accused, at this stage, appear pre mature. If the accused succeeds in leading evidence in proof of the said document, the Court will have to consider the evidentiary value thereof.

6.

Clarifying the aforesaid position, the petition stands disposed. (N. J. JAMADAR, J.) Vishal Parekar, P.A.

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