Namita W/O Sandeep Khanna v. Manoj Vasantrao Kumarley

(1) 4appa64.22+89.22+90.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 64 OF 2022 Namita Sandeep Khanna Vs. Manoj Vasantrao Kumarley AND CRIMINAL APPLICATION (APPA) NO. 89 OF 2022 Namita Sandeep Khanna Vs. Manoj Vasantrao Kumarley AND CRIMINAL APPLICATION (APPA) NO. 90 OF 2022 Namita Sandeep Khanna Vs. Manoj Vasantrao Kumarley --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. R.R.Vyas, Advocate for the applicant.

Mr. R.B.Mehadia Advocate for respondent CORAM :

AVINASH G. GHAROTE, J.

DATE : 04/07/2022 Heard Mr. Vyas, learned counsel for the appellant and Mr. Mehadia, learned counsel for the respondent.

2] It is contended that in light of the contents of the deed of dissolution dated 14.11.2014 (Exh.58), under which the cheques in question were issued by the accused to the complainant and the fact that the suit for specific performance bearing No. 337/2018 (Exh.64) has been filed by the accused against the complainant, seeking specific performance of the terms of the deed of dissolution dated 14.11.14, it was not permissible for the learned Special Court to have taken into consideration any oral evidence from the side of the defence to hold that Rs.10,00,000/- were paid by the accused to the

(2) 4appa64.22+89.22+90.22 husband of the complainant, consequent to the deed of dissolution dated 14.11.2014, so as to hold that there was no legal debt or liability, inasmuch as there was no written document on record to indicate any such instructions by the complainant to do so, considering which a case for grant of leave is made out.

3] Leave is accordingly granted.

4] Office to register the appeals.

5] Since the issue involved is within a narrow compass, issue notice for final disposal, returnable on 1.8.2022.

6] Mr. Mehadia, learned counsel waives notice for respondent on merits.

7] Mr. Vyas, learned counsel for the appellant has already supplied the copies of entire evidence and exhibited documents to the learned counsel for the respondent, the receipt of which he acknowledges. 8] List the matter for final disposal at the admission stage on 1.8.2022.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: