Buldana Urban Co-Op. Credit Society Ltd. v. Manjitsingh S/O. Jaswantsingh Popali

appa863.18.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.863 OF 2018 (Buldana Urban Co-op. Credit Society Ltd., Buldhana Vs. Manjilsingh s/o Jaswantsingh Popali) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Mrs. Sonali Saware-Gadhawe, Advocate for Appellant. Shri Chetan Sharma, Advocate for Respondent.

CORAM: ROHIT B. DEO, J.

DATE: 20 th JUNE, 2019.

This Court is prima facie satisfied, that the question whether the accused has rebutted the statutory presumption, is not satisfactorily dealt with. 2] Be it noted, that the accused does not dispute the signature on cheque nor does he dispute that he availed loan. The accused states in the examination-in-chief that he repaid the loan, from time to time, in bits and pieces, however, he is not in a position to state what amount is paid to the credit Society towards repayment.

3] Hence, leave to appeal is granted. Appeal be registered.

4] Shri Chetan Sharma, the learned counsel waives service for respondent.

appa863.18.O.odt 5] Call for record and proceedings.

JUDGE NSN