Shoukat Babulal Tamboli v. Babulal Yaquob Pathan And ANR

6. ALP 77 of 2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL NO. 77 OF 2017 Shoukat Babulal Tamboli ...Applicant vs.

Babulal Yaquob Pathan and Anr.

...Respondents

***** Mr. B. A. Lawate - Advocate for the Applicant Mr. S. R. Agarkar - APP for the Respondent-State ***** CORAM :

S. M. MODAK, J.

DATE :

10th JULY, 2023 P. C. :- 1.

Heard learned Advocate Shri Lawate for the Applicant Though Respondent-accused is served, he has not appeared. The Court of the JMFC, Malshiras has acquitted the Respondent on following two grounds:- a) Cheque return memo is not proved (para nos. 18 and 19) b) The accused has admitted during crossexamination that he was indebted and there was different loan against him. (para no. 19) 2.

According to the Applicant's counsel these findings are not correct and they are against the evidence which are adduced on Digitally signed by SEEMA KSHITIJ YELKAR Date:

2023.07.12 11:37:14 +0530 SEEMA KSHITIJ YELKAR Seema 1/2

6. ALP 77 of 2017.doc record. He brought to my notice the following evidences:- a) Evidence of his banker Rakesh at Exh. 46.

b) Exh. 21 which is agreement in between the Complainant and accused which is referred in chief examination. 3.

It is true that these two documents are not appreciated by the trial court. Arguable case is made. Hence the following order. Leave is granted.

APPEAL 4.

Appeal is admitted. Record and proceeding is called. It is already received.

5.

Let action be initiated under Section 390 of the Criminal Procedure Code.

6.

Learned Magistrate to grant him bail for an appropriate amount.

[S. M. MODAK, J.] Seema 2/2