Machindra Sitram Kalbhor v. Arjun Ankush Kadam And ANR

1 13.440.19 alp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 440 OF 2019 (FOR LEAVE TO APPEAL) Machindra Sitram Kalbhor .....Applicant V/s.

Arjun Ankush Kadam and another .....Respondents Mr. Rupesh A. Zade for the applicant Mr. A. R. Kapadnis APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE :

NOVEMBER 13, 2019.

P.C.

Heard.

In a matter of acquittal of respondent-accused for offence punishable under section 138 of Negotiable Instruments Act, order passed by the Magistrate is subject matter of consideration. The witness of the applicant Satish Babanrao Kale who was examined in support of the alleged Agreement at Exhibit 34 has not

2 13.440.19 alp.doc stood case narrated in the complaint and his examination-in-chief. As such, cheque was issued for legally admissible debt is rightly held to be not proved. As such, leave stands refused. [NITIN W. SAMBRE, J.]