Shri Chetan S/O Laxminarayan Shrivastava v. Shri Honey Sharma

Order 1412appa93.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [APPA] NO. 93 OF 2020.

Chetan Laxminarayan Shrivastava -VERSUSHoney Sharma.

Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Shri C.F. Bhagwani, Advocate for the Applicant. None for the Non-applicant.

CORAM : VINAY JOSHI, J.

DATE : DECEMBER 14, 2020.

Heard learned counsel for the applicant. None appears for non-applicant.

2.

The appellant is seeking leave to file appeal to challenge the judgment and order of acquittal passed in S.C.C. No. 25523/2017.

Perusal of impugned judgment and evidence discloses that the issuance of cheque and its dishonour is not much in dispute. Issuance of demand notice and its deemed service is accepted

Order 1412appa93.20 by the trial Court. However, it is held that the complainant failed to prove that the cheque was issued towards discharge of legally enforceable debt. The complainant has stated in his evidence about the cause for issuance of cheque.

3.

The matter requires consideration, hence, leave granted as prayed for.

....

Criminal Appeal No. /2020.

Heard.

Admit. Call for R & P.

JUDGE Rgd.