Ashok Madanlal Mawal v. M/S Nilesh Engineering And Others

1 Cr. Appln. 5608/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5608 OF 2014 Ashok Madanlal Mawal .. Applicant Vs.

M/s Nilesh Engineering and others .. Respondents ---- Mr. A.P. Bhandari, Advocate for the applicant Mr. M.M. Patil (Beedkar), Advocate for respondent nos.1 to 3 Mr. P.N. Muley, A.P.P. for the respondent no.4-State ---- CORAM : M.T. JOSHI, J.

DATE : 29/09/2015 ORAL ORDER :

1.

Heard both sides.

2.

The issue in the present application for leave to file appeal against the order of acquittal of the respondents 1 to 3 from the offence punishable under section 138 of the Negotiable Instruments Act recorded by the learned Judicial Magistrate First Class, Ahmednagar, is as to whether the presumption, upon passing of the cheque by the complainant, is rebutted or not.

2 Cr. Appln. 5608/2014 3.

Upon hearing both sides, in my view, arguable case is made out by the applicant.

In the circumstances, leave to file appeal is granted. 4.

Criminal Application no. 5608 of 2014 is allowed and disposed of accordingly.

5.

Appeal be registered as per the due procedure of law.

6.

Upon registration of the appeal, Mr. Milind Patil Beedkar waives notice for the respondents 1 to 3 Mr. Muley, learned A.P.P. waives notice for respondent no.4-State.

7.

For the above reasons, the Appeal is also admitted. Print of the paperbook is dispensed with. 8.

The respondents nos. 1 to 3 be released on bail for remaining present in this Court during the hearing of the appeal, upon their execution of P.R. bonds in the sum of Rs.10,000/- (Rs. Ten Thousand) each and also upon furnishing surety each in the like amount, as per the provisions of section 390 of the Code of Criminal

3 Cr. Appln. 5608/2014 Procedure.

9.

Hamdast of the present order is granted to the respondents.

[M.T. JOSHI] JUDGE arp/