Abdul Majid Gaibu v. Akhtar Abdul Kader Bape

FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.6838 OF 2013 (Abdul Majid Gaibu Vs. Akhtar Abdul Kader Bape) Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders Registrar's orders Shri G.R. Syed, Advocate for applicant Shri S.B. Yawalkar, Advocate for respondent .....

CORAM :

A.I.S. CHEEMA, J.

DATED :

27th February, 2015.

1.

Heard counsel for both sides. Perused record. Considered the judgment. In the transaction relating to booking of flat and cancellation, the dispute has arisen regarding cheque issued. Defence related to booking another flat and adjustment of the amount.

2.

There is arguable case. Evidence needs to be reappreciated. Leave is granted. Application be converted into appeal.

3.

Appeal is admitted.

4.

Mr. Yawalkar, learned counsel waives service for respondent after admission of appeal.

5.

Paper Book be got prepared.

6.

Action under Section 390 of the Code of Criminal Procedure be taken against the respondent - accused in the trial Court and short report of compliance be called. (A.I.S. CHEEMA, J.) fmp/cri6838.13