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2007 Supreme(Bom) 1493

V.C.DAGA
Natesha Securities – Appellant
Versus
Vinayak Waman Mokashi – Respondent


Advocates Appeared:
Shirish Gupte, senior counsel with Rajiv
Patil for the applicant.
S.P.Thorat with Sandesh Deshpande
for respondent No.1.
Ms.S.D.Shinde, APP

JUDGMENT :

1. This revision application was heard and dismissed for the reasons to be recorded. Accordingly reasons are being recorded. Introduction :

2. This criminal revision application filed under section 397 read with section 401 of Code of Criminal Procedure, 1973 (Cr.P.C.), is directed against the judgment and order dated 11th March, 2002 passed by the learned Sessions Judge, Pune in Criminal Appeal No.79/2001 confirming the judgment and order dated 21st May, 2001 passed by the Judicial Magistrate, First Class, Pune in Criminal Case No.439/1997, who was pleased to convict the applicant- accused under section 138 of the Negotiable Instruments Act, 1881 ("N.I.Act" for short) for the reasons recorded therein. Factual Matrix :

3. The factual matrix of the case, in brief, is that the applicant/ accused is one Mr.Shirish Suresh Welling, proprietor of M/s.Natesha Securities. Respondent No.1- Vinayak Waman Mokashi is one of the nearest relatives of Mr.Shirish Welling dealing in shares and securities.

4. The case of the complainant was that the accused Shirish Welling was in financial difficulties. He requested to the complainant, who happened to be one of h

















































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