Sachin Shantaram Thakur v. Dnyaneshwar Bhiku Phalebhai And ANR

1 14.439.19 alp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 439 OF 2019 (FOR LEAVE TO APPEAL) Sachin Shantaram Thakur .....Applicant V/s.

Dnyaneshwar Bhiku Phalebhai and another .....Respondents Ms. Pradnya Jogdand i/b Mr. Vishal Kolekar for the applicant Mr. S. V. Gavand APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE :

NOVEMBER 13, 2019.

P.C.

Heard.

Based on cheque for an amount of Rs. 1,50,000/-, appellant initiated prosecution against respondent-accused for an offence punishable under Section 138 of Negotiable Instruments Act. The case of the applicant rest on a basis of hand loan which was given to respondent-accused on 01/05/2017 which was a holiday.

2 14.439.19 alp.doc The transaction of hand loan since was denied and the accused has come out with a case of questioning the fnancial capacity of the applicant to give such loan amount, applicant has entered into witness box by explaining the same to be a friendly transaction.

In the cross-examination, applicant failed to withstand the plea of friendship between accused and applicant. He was also unable to demonstrate the source of amount that too on a holiday. In the aforesaid background, in my opinion, no case for grant of leave is made out. Leave is refused.

[NITIN W. SAMBRE, J.]