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Bombay High CourtCRMA/30/2021allowed

The Poinguinim Urban Co-Operative Credit Society Ltd., Rep. By Its Man. And Poa, Praveen R. Bhat., v. Mourice Monteiro

2021-03-25Hon'Ble Shri Justice Nitin W. Sambre1 pages

1 5-CRMA-30-2021 In STM-1347-2020 (F)

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISCELLANEOUS APPLICATION NO. 30 OF 2021 In STAMP NUMBER MAIN NO.1347 OF 2020 (FILING) The Poinguinim Urban Co-operative Credit Society Ltd., Rep. by its Manager And POA, Praveen R. Bhat.

... Applicant.

V/s.

Mourice Monteiro .... Respondent.

Mr. Vinod V. Korgaonkar, Advocate for the Applicant. Coram: NITIN W. SAMBRE, J.

Date: 25 th March 2021 P.C.:

Heard.

2.

The acquittal by the Appellate Court is based on the findings on the issue of rebuttal of presumption under the provisions of Negotiable Instruments Act particularly under Section 139 therein. The Trial Court convicted the accused.

3.

In my opinion arguable case is made out. As such, leave granted.

4.

Application is allowed.

NITIN W. SAMBRE, J msr.