Somnath Eknath Jadhav v. Vikas Maruti Jadhav And ANR.

sr.12.alp.462.2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION [ALP] NO.462 OF 2014 Somnath Eknath Jadhav ...

Applicant V/s.

Vikas Maruti Jadhav and anr.

...

Respondents Mr.Girish R. Agrawal for the applicant.

Mr.S.V. Gavand, APP for the respondent/State. CORAM : A.M.BADAR J.

DATED : 23rd JULY 2018.

P.C. :

1.

Heard the learned Advocate appearing for the applicant. None appearing for respondent no.1 despite service. The learned Additional Public Prosecutor appears for respondent no.2 / State. 2.

Perusal of the record shows that an amount of Rs.1,00,000/- has been received by the respondent by passing the receipt for the same. Evidence shows that there after again an amount of Rs.45,000/- was paid to the respondent.

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sr.12.alp.462.2014 3.

In this view of the matter, prima facie, the learned Trial Court erred in holding that the applicant/original complainant was not having accepted to pay an amount under the cheque. Hence, the order; :: ORDER ::

(i) Leave as prayed is granted.

(ii) Memo of appeal for leave to file appeal to be considered as memo of appeal on effecting necessary amendment by the learned Advocate appearing for the applicant. (iii) Leave to amend for that purpose is granted.

(iv) Admit.

(v) Issue notice to respondent.

(vi) The learned Additional Public Prosecutor waives notice for respondent no.2 / State.

(vii) In the meanwhile, action under Section 390 of the Criminal Procedure Code before the Trial Court. Digitally signed by Vina Arvind Khadpe Date:

2018.07.23 17:01:14 +0530 Vina Arvind Khadpe (A.M.BADAR J.) Vina k 2/2