Indapur Dairy And Milk Products Ltd v. Uttam Aabaji Kayagude And ANR

1 16.437.19 ALP.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 437 OF 2019 Indapur Dairy & Milk Products Ltd.

.....Applicant V/s.

Uttam Aabaji Kayagude and another .....Respondents Mr. Sanjeev P. Kadam for the applicant Mr. S. V. Gavand APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE :

NOVEMBER 13, 2019.

P.C.

Heard.

For dishonour of cheque of amount of Rs. 50,000/-, respondent-accused came to be acquitted.

Shri. Kadam, learned counsel for the applicant would invite attention of this Court to Exhibit 41, the ledger extract of the Company so as to claim that there was legally enforceable debt.

2 16.437.19 ALP.doc If Exhibit 41 is appreciated in the light of the evidence on record, it is diffcult to infer that there is legally enforceable debt to the extent of Rs. 50,000/-.

Though it is claimed by counsel for the applicant that issuance of cheque, signature thereon is not disputed, however, that by itself will not makes the debt enforceable lawfully unless it could be inferred from the accounts of the applicant on record. As such, Leave is refused.

[NITIN W. SAMBRE, J.]