Anil Damodhar Bansode v. Kailas Ramchandra Mahamuni And ANR

criapln4819-2012

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4819 OF 2012 (Anil Damodhar Bansode Vs. Kailas Ramchandra Mahamuni and another) ---- Mr. M.P. Tripathi, Advocate for the applicant Mr. N.V. Gavare, Advocate for respondent No.1 Mr. V.P. Kadam, A.P.P. for respondent No.2/State ---- CORAM : M.T. JOSHI, J.

DATE : 24/04/2015 ORAL ORDER :

1.

Heard both sides.

2.

The present applicant is the complainant in a complaint which was filed for the offence punishable under section 138 of the Negotiable Instruments Act. The learned Judicial Magistrate First Class has taken into consideration the examination-in-chief of the complainant himself in which he has admitted that for the sake of security purpose only, he has accepted the cheque. The learned Judicial Magistrate First Class has found that the complainant is in habit of accepting the blank cheques for the sake of security purpose. In that view of the matter, grant of leave to file appeal

criapln4819-2012 against acquittal of the respondent No. 1, would be an exercise in futility. The application is, therefore, dismissed.

[M.T. JOSHI] JUDGE npj/criapln4819-2012