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Bombay High CourtAPPA/437/2015allowed

Vidarbha Nagri Sahakari Pat Sanstha. Hinganghat, Thr. P.O.A. Shri. Anil Rambhau Shegokar And Anothe v. Girdharlal Tulshiramji Joshi

2016-07-18Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 appa437-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (APPA) No. 437 of 2015 in Criminal Appeal No. of 2015 Vidarbha Nagri Sahakari Pat Sanstha, through its Power of Attorney and anr. ..VS..

Girdharilal T. Josh.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : N.W. SAMBRE, J.

DATED : 18 th JULY, 2016.

Heard Mr. H.S. Chitaley, learned counsel for the applicant. None appears for the respondent though served. In a prosecution for an offence under section 138 of Negotiable Instruments Act, the defence that was put forth by the accused is of denial of signature on the chqeue. In view of the statement of the accused and his defence particularly in the light of presumption under section 118 and 139 of the Negotiable Instruments Act, prima facie it appears in my opinion that a case for grant of leave is made out. In view thereof, leave granted.

Criminal Appeal No. ______/2015 Heard Mr. Chitaley, learned counsel for the appellant.

Admit.

JUDGE Hirekhan

2 appa437-15 CERTIFICATE copy of original signed Order."

Uploaded by : R.B. Hirekhan.

Uploaded on : 20-07-2016.

P.A.