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Bombay High CourtAPPLN/2078/2014disposed off

Poornawadi Nagrik Sahakari Bank Ltd.Beed.Branch Kada Through Its Special Recovery Officer. v. Mahaveer Krushi Seva Kendra Proprietor Sampatlal Mansukhlal Kaswa

2015-01-21Hon'Ble Shri Justice A. I. S. Cheema1 pages

FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2078 OF 2014 (Poornawadi Nagrik Sahakari Bank Ltd. Vs. Mahaveer Krushi Seva Kendra, Proprietor Sampatlal Mansukhlal Kaswa) Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders Registrar's orders Shri M.S. Kokate, Advocate holding for Shri S.D. Ghayal, Advocate for applicant .....

CORAM :

A.I.S. CHEEMA, J.

DATED :

21st January, 2015.

1.

Perused application. Considered material available on record. The applicant - original complainant is Bank, from which respondent - accused had taken loan and towards repayment, the impugned cheque was issued. It appears to have been cash credit loan. Considered the reasons recorded by the trial Court for acquitting the accused. It is necessary to reconsider the evidence. There is arguable case. Leave is granted. Application is converted into appeal.

2.

Appeal is admitted.

3.

Paper Book be got prepared.

4.

Action under Section 390 of the Code of Criminal Procedure be taken against the respondent - accused in the trial Court.

(A.I.S. CHEEMA, J.) fmp/cri2078.14