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High Court of Judicature at Bombay
THE HONOURABLE MR. JUSTICE R.S. MOHITE
Sou. Sujnata Ashok Jagdale - Appellant
Versus
Sudhir P. Bhadri & Another - Respondent
Criminal Application No.956 of 2007
Decided On : 21 July 2008
Headnote:Negotiable Instruments Act (1881), S.138:- Where the accused company in a cheque bounce case was admitted on the basis of the admission that cheque was filed in by complainant creating some doubt since the cheque in question alleged stolen by husband of the company, held it is not a fit case interference by the appellate court.
P.C.
1. This is an application filed for grant of leave to challenge the acquittal order under Section-138 of the Negotiable Instruments Act. The defence of the accused was that a blank cheque was stolen by the husband of the complainant when he was serving as a Supervisor in the accused company. The fact that the husband of the complainant was working in the company was not seriously disputed. The record indicates that the complainant admitted in the cross examination that she filled in the amount in words and figure on the dispute cheque in question. Once this admission is brought on record then it is also necessary for the complainant to prove that the amount filled in was the outstanding liability. In this regard fixed deposit receipt or any other documentary evidence indicating deposit with accused company is not brought on record. The admission that the cheque was filled in by the complainant creates some doubt. In my view, this is not a fit case for interfering in an appeal against the acquittal. Leave is therefore, refused. Consequently, the appeal papers to be filed.
