Devgiri Nagri Sahakari Path Sanstha v. Arun S/O Asaram Shinde And ANR

1 Cr. Appln. 1245/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1245 OF 2015 Devgiri Nagri Sahakari Pat Sanstha .. Applicant Vs.

Arun S/o Aasaram Shinde and anr.

.. Respondents ---- Mr. Joshi, Advocate i/b J.P. Legal Associates for applicant Mr. Y.G. Somani, Advocate for respondent no.1 Mr. V.P. Kadam, A.P.P. for respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 01/07/2015 ORAL ORDER :

Upon hearing both sides, it appears that the learned Judicial Magistrate First Class has acquitted the present respondent no.1-Arun S/o Aasaram Shinde, finding some anomaly in the account book of the present applicant-co-operative society and the cheque amount. The difference appears to be of Rs.7,000/- and odd and, therefore, the learned Judicial Magistrate First Class has acquitted the respondent.

3.

Without making any comment on the merit of the case, as to what was the principal and how much should

2 Cr. Appln. 1245/2015 have been the interest, considering the fact that the present applicant-appellant has filed on record all the necessary documents for the proof of the offence punishable under section 138 of the Negotiable Instruments Act i.e. the loan application, loan agreement, mortgage deed, account statements etc., since arguable case is made out, leave to file appeal is hereby granted. Criminal Application no.1245 of 2015 stands disposed of accordingly.

4.

Appeal be registered according to due procedure of law.

5.

Mr. Somani waives notice for respondent no.1 and Mr. Kadam, A.P.P. waives notice for respondent no.2State, upon registration of the appeal. [M.T. JOSHI] JUDGE arp/