Santaji Nagari Sahakari Pat Sanstha Maryadit Hinganghat Thr Its President Dharmaraj Domaji Revatka v. Suresh Bajirao Chirkute

11appa340.2020.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application (APPA) No. 340/2020 In Criminal Appeal No. ________/2021.

Santaji Nagari Sahakari Pat Sanstha Maryadit, Hinganghat V/s Suresh Bajiram Chirkute ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

Shri A.A. Sambaray, Advocate for applicant.

Shri M.P. Kariya, Advocate for respondent CORAM: N.B.SURYAWANSHI,J.

DATE: 04/03/2021.

Prima facie, it appears that the learned Trial Court had not considered that the presumption under Section 139 of the Negotiable Instruments Act, has not been properly rebutted by the respondent/accused.

Hence, leave is granted to the applicant to file an appeal against the judgment dated 30.07.2020 passed by the Judicial Magistrate First Class, Hinganghat in Criminal Complaint Case No. 1475/2013, by which the respondent / accused was acquitted.

The criminal application is allowed accordingly. Registry to register the appeal.

11appa340.2020.odt 2 Criminal Appeal No. ________/2021 Heard.

Admit.

Call for Record and Proceedings.

Shri M.P.Kariya, learned Advocate waives service of notice for the respondent.

JUDGE rkn