Sau Gyanibai W/O Mohanlal Motwani v. Bharat S/O Prakash Darwani And Another

4661.14crapln -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4661 OF 2014 Sau. Gyanibai w/o Mohanlal Motwani ...Applicant versus Bharat s/o Prakash Darwani & anr

...Respondents

.....

Mr. Ambar S. Barlota, Advocate for applicant Mr. S.G. Ladda, Advocate for respondent No. 1 Mr. V.P. Kadam, A.P.P. for respondent No. 2 .....

CORAM : M.T. JOSHI, J.

DATE : 7th OCTOBER, 2015 ORAL ORDER :

Heard both sides.

2.

Mr. Barlota, learned Counsel for the applicant submits that learned Judicial Magistrate, First Class, Jalna has acquitted respondent No. 1 from the offence punishable under Section 138 of the Negotiable Instruments Act only because the present applicant is a house wife and therefore, she cannot have sufficient funds for giving the handloan amount.

3.

Since arguable case is made out, leave to file appeal is

4661.14crapln -2hereby granted. The application is allowed. 4.

The appeal be registered as per due procedure of law. Upon registration, the appeal stands admitted. Mr. Ladda, learned Counsel waives service for respondent No.1 and learned A.P.P. Mr. V.P. Kadam waives for respondent No. 2 upon admission of appeal. 5.

Action under Section 390 of the Code of Criminal Procedure to follow. Learned Judicial Magistrate, First Class, Jalna to release present respondent No.1 on bail upon executing P.R. bond of Rs.15,000/- (Rs.Fifteen thousand) and one surety in the like amount, for remaining present in this Court during pendency of the appeal. 6.

Hamdast granted.

[ M.T. JOSHI, J. ] Tupe/07.10.15