Dhanvarsha Urban Cooperative Credit Society, Jalgaon v. Purushottam Totaram Sonawane

1 13-crappln5807-13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5807 OF 2013 Dhanvarsha Urban Co-operative Credit Society, Jalgaon through its Recovery Officer Sanjay Shridhar Sonawane ..Applicant

Versus

Purushottam Totaram Sonawane ..Respondent -- Mr.N.N.Desale, advocate for applicant Mr.B.S.Deshmukh, advocate for respondent - sole -- CORAM : M.T. JOSHI, J.

DATE : MARCH 18, 2015 PER COURT :

Heard both sides.

2] Being dissatisfied with the order passed by learned Judicial Magistrate F.C., Jalgaon, thereby acquitting the present respondent from the offence punishable under Section 138 of Negotiable Instruments Act, Original complainant has preferred present appeal.

2 13-crappln5807-13.odt 3] The reasoning of the trial Court would show that for want of certified copy of the resolution of the Society and for want of proper service of the notice, acquittal came to be recorded.

4] Arguable questions are raised in the appeal.

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

5] The appeal is admitted.

6] Action under Section 390 of the Code of Criminal Procedure be taken.

[M.T. JOSHI, J.] kbp