Promod Madhusingh Yeotikar v. Piyush Kirtikumar Dand

1 appa890.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (APPA) NO.890 OF 2018 (Pramod Madhusingh Yeotikar ..vs.. Piyush Kirtikumar Dand and another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.M. Vaishnav, Counsel for the applicant. CORAM : ROHIT B. DEO, J.

DATED : 06-06-2019 Heard.

2.

This appeal is directed against the judgment of acquittal in proceedings under the Negotiable Instruments Act, 1881.

3.

The submission is that the trial Court has not appreciated the scope of Sections 118 and 139 of the Act and the fact that the statutory presumption stood activated.

4.

It would be appropriate to have a second look at the material on record.

5.

Leave to appeal is granted.

Criminal Appeal /2019.

Heard.

2 appa890.18 2.

Admit.

3.

The issue whether the appeal lies before the Sessions Court is referred to the Larger Bench. 4.

The parties are at liberty to circulate the appeal if necessary in view of the decision in reference. JUDGE adgokar