Saraswati Cooperative Credit Society v. Shital Gopichand Darda

1 Cr. Appln. 2358/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2358 OF 2015 Saraswati Co-operative Credit Society .. Applicant Vs.

Shital Gopichand Darda .. Respondent ---- Mr. A.V. Hon, Advocate for the applicant Mr. N.R. Dayama, Advocate for the respondent ---- CORAM : M.T. JOSHI, J.

DATE : 05/10/2015 ORAL ORDER :

.

Heard.

2.

The reasoning of the learned Judicial Magistrate First Class, Bhusawal would show that the recovery certificate was directed to be issued by the concerned authorities as per the provisions of section 101 of the Maharashtra Co-operative Societies Act, 1960, against the other guarantors, namely, Jivatram and Kailas Dubole and not against the present respondent. 3.

The case of the present applicant-complainant in a proceeding under section 138 of the Negotiable

2 Cr. Appln. 2358/2015 Instruments Act is that towards the satisfaction of the payment of the amount due to the original debtor, and towards the satisfaction of the recovery certificate, the present respondent as one of the guarantor had issued the cheque.

4.

Since there was no recovery certificate issued by the Assistant Registrar, Co-operative Societies against the present respondent, the learned Judicial Magistrate First Class came to the conclusion that there is no legally enforceable debt against the present respondent.

5.

The learned Judicial Magistrate First Class has given a reasoned view for acquittal of the respondent from the offence punishable under section 138 of the Negotiable Instruments Act. Therefore, granting of leave to file appeal against the impugned order, would be an exercise in futility. Leave refused. Application is accordingly dismissed.

[M.T. JOSHI] JUDGE arp/