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Bombay High CourtAPPLN/3168/2014application allowed

Vitthal Devjibhai Patel v. Dilip Rama Naik

2016-03-14Hon'Ble Shri Justice Nitin W. Sambre2 pages

3168.14crapln -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3168 OF 2014 Vitthal Devjibhai Patel ...Applicant versus Dilip Rama Naik

...Respondent

.....

Mr. A.S. Savale, Advocate for applicant Ms. Chinmayee Deshpande, Advocate h/f Mr. S.V. Natu, Advocate for respondent .....

CORAM : N.W. SAMBRE, J.

DATE : 14th MARCH, 2016 ORAL ORDER :

In the judgment of acquittal, learned Magistrate, in my opinion, has not satisfactorily recorded reasons for discharging burden by original accused demonstrating that the cheque was not issued for admitted debt.

2.

In view of above, leave to file an appeal stands granted. 3.

Appeal Admit.

4.

Learned Counsel appearing on behalf of respondent

3168.14crapln -2waives service for him.

5.

Action under Section 390 of Code of Criminal Procedure to follow.

[ N.W. SAMBRE, J. ] Tupe/14.03.16