Bombay High CourtAPPA/558/2018disposed off

Takhatmal Shrivallabh Brothers Prop Shrirang S/O Ramratan Chandak (Dead)Represent Takatmal S Brothe v. Dr. Rajendra Gopikisan Kalantri Prop. Raj Depositors

2019-01-10Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

1001appa558.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO.558/2018 CRIMINAL APPEAL /2018 Takhatmal Shrivallabh Brothers Proprietorship Firm by its Proprietor Shrirang s/o Ramratan Chandak since dead represented by Takatmal Shrivallabh Brothers, Partnership Firm by its Partners ...Versus...

Dr. Rajendra Gopikisan Kalantri, Proprietor Raj Depositors, Amravati - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri J.B. Kasat, Counsel for applicant/appellant CORAM : ARUN D. UPADHYE, J.

DATE : 10/01/2019 Heard the learned Counsel for the applicant/appellant. None appears for the respondent, though served.

The learned Counsel for the applicant submitted that the learned Magistrate acquitted the accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 on the ground that there was no legally enforceable debt at the time of presentation of the cheque. He further submitted that there is no dispute that cheque (Exh.52) has been issued by the respondent in favour of the complainant. The applicant has made prayer that therefore the leave to file appeal may be granted and the appeal filed by the appellant be admitted.

1001appa558.18.odt I have perused the impugned judgment and order. Upon perusal of the same, prima facie, it appears that there is no dispute about issuance of the cheque and the matter could be considered on merit. Hence, I proceed to pass the following order.

ORDER

Leave to file appeal is granted.

Criminal appeal is admitted.

Call for record and proceedings.

JUDGE Wadkar, P.S.