Naresh S/O Purushottam Chhangani v. Milan Maheshchandra Mehata
(1) 29.appa.1.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.1 OF 2022 IN CRIMINAL APPEAL NO. OF 2021 Naresh s/o Purushottam Chhangani Vs.
Milan Maheshchandra Mehata ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Kartik Rao, Advocate, h/f Mr. M. G. Sarda, Advocate for applicant. Mr. K. J. Topale, Advocate for non-applicant. CORAM :
AVINASH G. GHAROTE, J.
DATE : 14/06/2022 Heard Mr. Kartik Rao, Advocate holding for Mr. Sarda, learned counsel for the applicant and Mr. Topale, learned counsel for the non-applicant. This application seeks leave to appeal against the judgment of the Special Court dated 13.11.2021 whereby the complaint under Section 138 of the Negotiable Instruments Act has been dismissed and the accused has been acquitted.
Mr. Rao, learned counsel for the applicant submits that the only ground on which the complaint has been dismissed is the so called inability of the complainant to explain the source of funds. In so far as the issuance of the cheque is concerned, the defence has been taken that the complainant had taken the cheque of the accused on account of transaction of his wife and
(2) 29.appa.1.2022 therefore, the issuance of the cheque for whatever reason appears to be an admitted fact, considering which, a case for grant of leave is made out.
Criminal Application (APPA) No.1 of 2022 is accordingly allowed.
Leave is granted. Office to register the appeal.
Admit.
Call Record and Proceedings.
Mr. Topale, learned counsel waives service of notice for non-applicant on merits.
List the matter for hearing on receipt of the Record and Proceedings.
JUDGE Sarkate SARKATE