Bombay High CourtCRIA/14/2024disposed of

Deendayal Multipurpose Coop. Credit Society Ltd., Rep. By Branch Incharge Priya Mahesh Nadkarni v. Rama Sawlo Parab And ANR

2024-03-19Hon'Ble Shri Justice Shreeram V. Shirsat2 pages

CRMA 54 of 2022 vinita

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO.54 OF 2022 WITH CRIMINAL APPEAL NO.319 OF 2022 (F) CRIMINAL MISC. APPLICATION NO.54 OF 2022 DEENDAYAL MULTIPURPOSE COOP.

CREDIT SOCIETY LTD., REP. BY BRANCH INCHARGE PRIYA MAHESH NADKARNI ... APPLICANT

Versus

RAMA SAWLO PARAB AND ANR ... RESPONDENTS WITH CRIMINAL APPEAL NO.319 OF 2022 (F) DEENDAYAL MULTIPURPOSE COOP.

CREDIT SOCIETY LTD., REP. BY BRANCH INCHARGE PRIYA MAHESH NADKARNI ... APPELLANT

Versus

RAMA SAWLO PARAB AND ANR ... RESPONDENTS Mr A. D. Bhobe and Ms S. Shaikh, Advocate for the applicant. Mr S. Naik, Advocate for respondent no.1.

CORAM:- AVINASH G. GHAROTE, J.

DATED :- 19th March, 2024 P.C.

The application seeks leave to appeal against the judgment dated 25.4.2022 acquitting the non- applicant of the offence under Section 138 of the Negotiable Instruments Act, 1884. The learned counsel for the applicant submits that findings are contrary to the evidence on record considering which, though the learned counsel for the non-applicant opposes, leave is granted.

2. Office to register the Criminal Appeal No. 319/2022/F. 19th March, 2024

CRMA 54 of 2022

3. Issue notice to the respondents for final disposal returnable on 16.4.2024.

4. Mr S. Naik, learned counsel waives notice on behalf of respondent no.1.

5. Call for records and proceedings.

AVINASH G. GHAROTE, J.

NAIK Date: 2024.03.20 10:36:23 +05'30'

VINITA VIKAS NAIK 19th March, 2024