Kailash Radhakrushna Dhawale v. Gunesh Sitaram Tayade

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [APPA] No.214 of 2015 (Kailash Radhakrushna Dhawale vs.

Ganesh Sitaram Tayade) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri S.U. Bhuyar, Advocate for the Applicant/Appellant. CORAM : N.W. SAMBRE, J.

DATE : 21 st JULY, 2016.

Heard the learned Counsel for the applicant/ appellant. None appears for the non-applicant/respondent. He has questioned the acquittal of the nonapplicant/accused in Sum.Cri.Case No.788/2012 for an offence punishable under Section 138 of the Negotiable Instruments Act.

It is to be noted that the learned trial Court has incorrectly shifted the burden on the applicant of proving the fact that there was collusion between the applicant and one Sheshrao Deshmukh. The story of collusion is set up by the non-applicant/accused in his defence and primarily it appears that the burden lies on the non-applicant to prove the same.

In view thereof, leave to prefer an appeal against acquittal is granted.

Criminal Appeal No._____/2016 :- Heard.

ADMIT.

Action under Section 390 of the Code of Criminal Procedure be initiated.

JUDGE *sdw

C E R T I F I C A T E I certify that this order uploaded is a true and correct copy of the original signed order.

Uploaded by: S.D. Waghmare Uploaded on : 22/07/2016 P.A. to the Hon'ble Judge.