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Bombay High CourtCRMA/288/2018allowed

Hukumchand Ehitan., v. George Francis Santamaria And ANR.,

2021-03-23Hon'Ble Shri Justice Nitin W. Sambre1 pages

1 16-CRMA-288-2018 In STM-3153-2018(F)

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPLICATION NO. 288 OF 2018 In STAMP NUMBER MAIN NO. 3153 OF 2018 (FILING) Hukumchand Ehitan ... Applicant.

V/s.

George Francis Santamari and Anr.

.... Respondents.

Mr. Rohan Pandurang Desai, Advocate for the Applicant. Coram: NITIN W. SAMBRE, J.

Date: 23rd March 2021 P.C.:

Heard. The complaint is dismissed and the applicantaccused is acquitted on the ground that the cheque was dishonoured and the memo speaks of "exceeds arrangement". In the aforesaid eventuality the provisions of the Negotiable Instruments Act are not attracted. As the above observations are contrary to settled proposition of law, in my opinion a case for consideration is made out. Leave granted. Application stands allowed. NITIN W. SAMBRE, J msr.