Kakode Trading Llp, Rep. Thr. Its Partner, Ravindranath Pai Kakode v. Sarvesh Dubhashi

CRMA 56 of 2022 vinita

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO.56 OF 2022 WITH STAMP NUMBER MAIN NO.891 OF 2020 (F) CRIMINAL MISC. APPLICATION NO.56 OF 2022 KAKODE TRADING LLP, REP. THR. ITS PARTNER, RAVINDRANATH PAI KAKODE ... APPLICANT

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SARVESH DUBHASHI ... RESPONDENT WITH STAMP NUMBER MAIN NO.891 OF 2020 (F) KAKODE TRADING LLP, REP. THR. ITS PARTNER, RAVINDRANATH PAI KAKODE ... PETITIONER

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SARVESH DUBHASHI ... RESPONDENT Mr Sudin Usgaonkar, Senior Advocate with Mr T. Kamat Ghanekar, Advocate for the applicant.

Mr S. Naik, Advocate for the respondent.

CORAM:- AVINASH G. GHAROTE, J.

DATED :- 19th March, 2024 P.C.

The application seeks leave to appeal against the judgment dated 15.1.2020 acquitting the non-applicant of the offence under Section 138 of the Negotiable Instruments Act, 1884. The learned counsel for the applicant submits that findings are contrary to the evidence on record considering which, though the learned counsel for the non applicant opposes, leave is granted.

2. Office to register the Stamp Number Main No. 891/2020-Filing.

3. Issue notice for final disposal returnable on 16.4.2024. 19th March, 2024

CRMA 56 of 2022

4. Mr S. Naik, waives notice on behalf of respondent no. 1.

5. Call for the records and proceedings.

6. Learned counsel for the non-applicant shall take instructions regarding settlement in respect of the subject matter of complaint which is also reported to be the subject matter of the civil suit between the same parties.

AVINASH G. GHAROTE, J.

Date: 2024.03.20 10:49:48 +05'30'

VINITA VIKAS NAIK 19th March, 2024