Bombay High CourtCRMA/26/2023leave granted

Antonio De Souza v. E.K. Joshi

2024-03-12Hon'Ble Shri Justice Avinash G. Gharote2 pages

CRMA 26 of 2023 shakuntala

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO.26 OF 2023 IN CRIMINAL APPEAL NO.493 OF 2022 (F) ANTONIO DE SOUZA ... APPLICANT

Versus

E.K. JOSHI ... RESPONDENT Mr. Vibhav Amonkar, Advocate for the Applicant. Ms. Amina Shaikh, Advocate for the Respondent. CORAM:- AVINASH G. GHAROTE, J.

DATED :- 12th March, 2024 P.C.

1. The application seeks leave to appeal against the Judgement 02.06.2022 passed by learned Judicial Magistrate First Class-E Court at Panaji acquitting the Non applicant of the offence under Section 138 of the Negotiable Instruments Act in OA/892/2018/E.

2. The learned counsel for the Applicant submits that there are good grounds for the Appellant to succeed as the cheque was on account of legal liability. Ms. A. Shaikh, learned counsel appears for the Non-applicant and opposes the same. However considering the ground raised, leave is granted.

3. The Appeal shall be registered.

12th March, 2024

CRMA 26 of 2023

4. The application, accordingly, stands disposed of. AVINASH G. GHAROTE, J.

12th March, 2024