Prashant Baburao Bhingardive v. Amit Dilip Choudhari And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION [ALP] NO.70 OF 2016 Prashant Baburao Bhingardive ...
Applicant V/s.
Amit Dilip Choudhari and anr.
...
Respondents Mr.Rahul Sopanrao Kate for the applicant.
Mr.Shailesh Dhananjay Chavan for respondent no1. Mr. P.H. GaikwadPatil for the respondent/State. CORAM : A.M.BADAR J.
DATED : 24th AUGUST 2018.
P.C. :
1.
Heard both side.
2.
Though the applicant/original complainant has stated in crossexamination that he has not produced any document to show that some amount was contributed as a capital in the firm. The document at Exh.35 proved by PW2 Phansalkar, shows that an amount of Rs.4,00,000/ was contributed towards towards 1/3
capital by mother of the applicant/original complainant. Issuance of cheque of Rs.4,50,000/ is not disputed, except the fact that question is put in crossexamination that ink of the signature on that cheque and other particulars differs. In this view of the matter, case for consideration is made out, as respondent/accused did not enter into witness box before the learned Trial Court. Therefore the order;
:: ORDER ::
(i) Leave as prayed is granted.
(ii) Memo of application for leave to appeal be considered as memo of appeal on effecting suitable amendment.
(iii) Leave to amend to that effect is granted.
(iv) Admit (v) Issue notice to respondents.
(vi) Shri Chavan waives notice for respondent no.1. (vii) The learned Additional Public Prosecutor waives notice for respondent no.2 / State.
(viii) Call for Record and Proceedings.
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(ix) In lieu of action under Section 390 of the Criminal Procedure Code, respondent no.1 to execute P.R. Bond of Rs.15,000/ before the learned Trial Court within a period of four weeks.
Digitally signed by Vina Arvind Khadpe Date:
2018.08.26 11:35:28 +0530 Vina Arvind Khadpe (A.M.BADAR J.) 3/3