Pankaj Garments, A Prop. Concern Thr. Its Pro. Harish Pesuram Hemnani v. Suresh Hiranand Lundwani (Prop. Saarathi Collection)

(1) 922.apea.1106.2023

IN THE HIGH COURT OF

JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.1106 OF 2023 IN CRIMINAL APPEAL ST. NO.7124 OF 2023 Pankaj Garments through its Prop. Mr. Harish Pesuram Hemnani Vs.

Suresh Hiranand Lundwani ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. U. J. Deshpande, Advocate for applicant/appellant. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 19/03/2024 1.

By preferring this application, the appellant is seeking leave to file an appeal, as the trial Court has acquitted the respondent, on the ground that the appellant has not produced on record the evidence as to the GST return, as well as the statutory notice is not in view of the law, as well as only the signature portion is in the handwriting of the respondent and rest of the portion is filled by the complainant. 2.

Learned Counsel Mr. Deshpande pointed out from the judgment of the learned trial Court that he has many arguable points in the present appeal and therefore, leave is to be granted. He has also placed on record the various documents to show the nature of the transaction between the appellant and respondent.

(2) 922.apea.1106.2023 3.

Considering the fact that the appellant has many arguable points in the present appeal, the leave requires to be granted. In view of that, leave is granted.

4.

Appeal be registered.

CRIMINAL APPEAL ST. NO.7124/2023 1.

Heard.

2.

Admit.

3.

Call for record and proceedings., 4.

Appeal be placed before the Court after receipt of the record and proceedings.

(URMILA JOSHI-PHALKE, J.) Sarkate