Navnath Asraji Sabale v. Ajit Vitthal Disale

909-alp85.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION FOR LEAVE TO APPEAL BY PRIVATE PARTY NO. 85 OF 2023 Navnath Asraji Sabale Applicant

Versus

Ajit Vitthal Disale Respondent Mr. Ram B. Deshpande, advocate for the Applicant CORAM : SANDIPKUMAR C. MORE, J.

DATE : 01st NOVEMBER, 2023.

P.C. :

The report shows that sole Respondent has refused to accept the service. As such, he is treated as served. Heard learned Counsel for the applicant. Respondent, despite service, remained absent. On going through the impugned judgment, it appears that the learned trial Court has acquitted the respondentaccused mainly on the ground that the respondent rebutted the presumptions under Sections 118 and 139 of the Negotiable Instruments Act by raising probable defence.

909-alp85.23 However, it seems that it was the case of the respondent that on his say, the complainant had invested certain amount in Rich Deal Company of whom he was an agent. It is claimed by the respondent that for security of such investment, he had issued the cheque in dispute, which, according to him, the complainant misused. However, the judgment shows that the respondent was nowhere concerned with the said Company in respect of the aforesaid investment. Therefore, considering this aspect, the applicant has made out an arguable case.

Thus, the Criminal Application stands allowed. The appeal of the applicant be registered after removing offce objections, if any.

Criminal Application stands disposed of.

SANDIPKUMAR C. MORE JUDGE adb