The Pirna Urban Co-Op. Credit Society Ltd. Through Its Recovery Manager Shri. Balkrishna Navso Raul v. Shri. Raj S. Mitra And ANR.,
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IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL MISC. APPLICATION NO. 195 OF 2013 IN STAMP NUMBER MAIN NO. 2643 OF 2013 THE PIRNA URBAN CO-OP. CREDIT SOCIETY LTD. THROUGH ITS RECOVERY MANAGER SHRI. BALKRISHNA NAVSO RAUL ... Applicant
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SHRI. RAJ S. MITRA AND ANR., ... Respondents Mr. R. G. Ramani, Advocate for the Applicant. Mr. Vivek Angelo Rodrigues, Advocate for Respondent no. 1. Coram:- A. R. JOSHI, J.
Date:- 14th July, 2014 P.C.:
Heard learned counsel for the rival parties on this application for leave to appeal against acquittal in the matter of offence punishable under section 138 of the Negotiable Instruments Act.
2. After hearing the rivial submissions this Court has ascertained that there is an issue which is required to be dealt with in the appeal where the trial Court had acquitted the respondent on two counts. Firstly that the presumption envisaged under sections 118 and 139 of the N.I. Act is overcame by the respondent/accused and secondly that PW.1 who gave evidence before the Court had no authority on behalf of the complainant. As mention earlier, this appeal is required to be
heard and hence leave to appeal is granted. The main appeal be numbered and be taken up in due course.
3. Appeal is admitted. Action under section 390 of Cr.P.C to follow. The respondent shall be released on bail in the sum of Rs.500/- before the Trial Court.
A. R. JOSHI, J.
ap/-