The Bhatagram Urban Co-Op. Credit, Society Ltd., Rep By Its C.E.O. Shri Sanjay Gajanan Parmekar. v. Shri. Balkrishna Govind Sawaikar And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 84 OF 2016 IN STAMP NUMBER MAIN NO. 1473 OF 2016 THE BHATAGRAM URBAN CO-OP. CREDIT, SOCIETY LTD., REP BY ITS C.E.O.

SHRI SANJAY GAJANAN PARMEKAR.

... Applicant

Versus

SHRI. BALKRISHNA GOVIND SAWAIKAR AND ANR., ... Respondents Adv. Deepak Gaonkar for the Applicant.

Adv. J. Ramaiya for Respondent no.1.

Coram:- C. V. BHADANG, J.

Date:- 21st July, 2016 P.C.:

Heard the learned counsel for the applicant and the learned counsel for the respondents.

2. The only ground on which the learned Magistrate has acquitted the respondent as recorded in para 13 of the impugned judgment is that the subject cheque was towards the recovery of a loan which was time barred. The learned counsel for the applicant has pointed out to the provisions of section 85 of the Goa Co-operative Societies Act, 2001 in order to submit that in respect of a loan granted by a credit cooperative society governed by the provisions of the said Act, the limitation period would start from the death of the member and this

CRMA/84/2016 aspect has not been considered by the Magistrate, I find that a case for grant of leave is made out. Hence the criminal misc. application is allowed. The office shall shall register the appeal and the same shall be treated as admitted. The learned Magistrate to take action under section 390 of Cr.P.C.

C. V. BHADANG, J.

ap/-