M/S Jain Trade Links v. M/S Arham Infrabuild Ltd

LSP 28 Alp-130-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL NO. 130 OF 2025 M/s. Jain Trade Links ...Applicant Vs.

M/s. Arham Infrabuild Ltd

...Respondent

***** Mr. Kanhaiya S. Yadav Advocate for the Applicant Ms. Rahi patil i/b. Mr.

Samay Sharad Pawar for Respondent No.2.

Mr. Swapnil V. Walve APP for the State.

***** CORAM :

S. M. MODAK, J.

DATE :

13th JUNE 2025 P. C. :- Heard learned counsel for the parties.

2. There is a judgment of acquittal for an offence punishable under Section 138 of the Negotiable Instrument Act. In fact the Respondent is acquitted just because he has shown willingness to deposit the amount and amount is also deposited. It is the amount of cheque. This is unacceptable to the Complainant because the amount is insufficient. The trial Court decided the matter on merits even though evidence is recorded and 313 statement is recorded. The prayer is for remanding the matter or else Respondent may pay additional amount 1/2

LSP 28 Alp-130-2025.doc to the Applicant.

3. Learned Advocate for the Respondents to take instructions. Stand over to 11th July 2025.

4.

Connected Applications bearing ALP Nos.87/2024, 88/2024, 89/2024 and 90/2024 be tagged along with the present application and listed on the same day.

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