Janlaxmi Gramin Bigar Sheti Sahakari Patsanstha Ltd Akole v. Rangnath Namdev Kanode

1 Cr. Appln. 4632/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4632 OF 2014 Janlaxmi Gramin Bigar Sheti Sahakari Patsanstha Ltd., Akole .. Applicant (Orig. Complainant) Vs.

Rangnath Namdev Kanwade .. Respondent ---- Mr. S.K. Shinde, Advocate for the applicant Mr. V.Y. Bhide, Advocate for the respondent ---- CORAM : M.T. JOSHI, J.

DATE : 29/09/2015 ORAL ORDER :

1.

Heard both sides.

2.

The reasoning of the learned Judicial Magistrate First Class, Akole, Dist. Ahmednagar would show that the extract of accounts filed by the present appellant-complainant and the amount under the cheque on the specified date i.e. 27/10/2009 does not match and in-fact a vast difference in the figure is there. In that view of the matter, the learned Judicial Magistrate First Class came to the conclusion that the presumption that the cheque was issued towards the repayment of the loan stood rebutted.

2 Cr. Appln. 4632/2014 3.

The order of the learned Judicial Magistrate First Class, acquitting the present respondent from the offence punishable under section 138 of the Negotiable Instruments Act, cannot be faulted with. Leave to file appeal therefore would be an exercise in futility. 4.

The leave is therefore refused. Application is accordingly dismissed.

[M.T. JOSHI] JUDGE arp/