The Bhagawati Urban Cooperative Credit Society Ltd., Rep., By Acting Secretary Vithal K. Gurav v. Sanjay Sakharam Kinlekar And ANR

CRMA 42 of 2022 vinita

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO.42 OF 2022 WITH CRIMINAL APPEAL NO.327 OF 2022 (F) CRIMINAL MISC. APPLICATION NO.42 OF 2022 THE BHAGAWATI URBAN COOPERATIVE CREDIT SOCIETY LTD., REP., BY ACTING SECRETARY VITHAL K. GURAV ... APPLICANT

Versus

SANJAY SAKHARAM KINLEKAR AND ANR ... RESPONDENTS WITH CRIMINAL APPEAL NO.327 OF 2022 (F) THE BHAGAWATI URBAN COOPERATIVE CREDIT SOCIETY LTD., REP., BY ACTING SECRETARY VITHAL K. GURAV ... APPELLANT

Versus

SANJAY SAKHARAM KINLEKAR AND ANR ... RESPONDENTS Mr D.Gaonkar and Mr A. Govekar Advocate for the applicant. Mr Guru Shirodkar and Ms V. Parab, Advocate for respondent no.1. Mr N. Vaze, Addl. Public Prosecutor for respondent no.2. CORAM:- VINAY JOSHI, J.

DATED :- 29th February, 2024 P.C.

Heard.

2. This is an application seeking leave to appeal to file appeal against order of acquittal passed by the Magistrate in Criminal Case No. OA(NIA)/101/2018. Learned Magistrate acquitted the accused by holding that there was no legally enforceable debt.

3. Learned counsel for the applicant attracted attention to the 29th February, 2024

CRMA 42 of 2022 promissory note showing that the applicant stood as guarantor to the loan advanced. Learned Magistrate held that since applicant is not the borrower, there is no legally enforceable debt. However, accused appears to be a guarantors. Thus matter requires consideration.

4. Leave granted.

5. Application stands disposed of.

VINAY JOSHI, J.

29th February, 2024