Rukhmabai Ramkrishna Ganjude v. Sayyad Ayaj Ali Makadum Ali

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.239 OF 2015 IN CRIMINAL APPEAL NO.................OF 2015 Rukhmabai Ramkrishna Ganjude ..vs..

Sayyad Ayaj Ali Makadum Ali ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri A.P. Chorghade, Counsel for the applicant.

CORAM

: V.M. DESHPANDE, J.

DATED : JULY 6, 2017.

Heard learned counsel Shri A.P. Chorghade for the applicant.

The present application for seeking leave to file appeal is by the original complainant.

The proceedings under Section 138 of the Negotiable Instruments Act, 1881 were filed by the present applicant. The applicant entered into the witness-box to substantiate her case. She was cross-examined by learned counsel for the non-applicant. In her cross-examination, the present applicant has candidly admitted that she has received entire amount of consideration from present non-applicant Sayyad. She has also admitted that there was no due against the .....2/-

appa239.15 8 non-applicant. She has further admitted that no amount is due towards the non-applicant/accused. She has further admitted that these facts were not brought to the notice of her own Advocate before filing of the case.

In that view of the matter, in my view, learned Judge of the Court below has rightly dismissed the complaint. No interference is necessary. The application is dismissed and disposed of. Leave is refused. JUDGE !! BRW !!

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