Snehalkumar Ratilal Shah v. Ujwala Praful Sontakke

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3410 OF 2014 Snehalkumar s/o. Ratilal Shah ..Applicant

Versus

Ujwala w/o. Praful Sontakke ..Respondent -- None for applicant -- CORAM : M.T. JOSHI, J.

DATE : APRIL 01, 2015 PER COURT :

None appears for the applicant.

2] The order dated 10th March, 2015 would show that for the whole day, the matter was called again and again, however, nobody appeared for the applicant.

3] Perused the copy of the application and record. Aggrieved by the acquittal of the respondent from the offence punishable under Section 138 of Negotiable Instruments Act, the

2 18-crappln3410-14.odt present application for leave to file appeal is preferred.

4] The judgment of learned 4th Joint Judicial Magistrate First Class, Jalna dated 28/05/2014 would show that the case of the respondent, that the cheque was issued for security purpose, was found to be probable. The cross-examination of the applicant/complainant would reveal that he has denied repayment of Rs.84,500/-, however, lateron, he admitted the same when the receipts at Exhibits 33 to 38 were confronted to him.

5] In the circumstances, reasonable and probable view of the matter has been taken by the learned 4th Joint Judicial Magistrate F.C., Jalna.

In the circumstances, present application for leave to file appeal is hereby rejected. Leave refused. [M.T. JOSHI, J.] kbp