Sunil S/O Ukandrao Navghare v. Gajanan S/O Uttamrao Nagpure

appa460of19.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) 460 OF 2019 (Sunil s/o. Ukandrao Navghare..vs.. Gajanan s/o. Uttamrao Nagpure) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri A.S. Deshpande, counsel for applicant.

CORAM: ROHIT B. DEO, J.

DATE: 21 th JUNE, 2019.

Leave is sought by the original complainant to challenge the judgment of acquittal.

The signature on the cheque is not in dispute. Case of the accused is that he borrowed only Rs. 5,000/- and as security, has handed over to the complainant a blank cheque. The case of the complainant is that loan of Rs. 5 lacs was advanced and towards repayment, the cheque in dispute was issued.

I have scrutinized the judgment impugned and the reasons recorded by the trial Court for disbelieving the case of the prosecution that loan of Rs. 5 lacs was advanced. The pivotal question would be whether the accused has rebutted the presumption as would shift the burden on the complainant. An arguable case is made out. Hence, leave to appeal granted.

The appeal be registered.

Admit.

Call for R & P.

Shri R.T. Shinde, waives notice for respondent. JUDGE