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ala 74.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

APPLICATION FOR LEAVE TO APPEAL BY PVT. PARTY

NO.74 OF 2019

BHAURAO CHAVAN SAHAKAR SAKHAR KARKHANA

LTD., THROUGH IT’S AUTHORIZED OFFICER KISHAN

S/O. MAROTRAO JADHAV

VERSUS

HAJI ABDUL KARIM S/O. MOHD. SETH THEJIYA

...

Advocate for Appellant : Mr. Ghatol Patil Shahaji B.

Advocate for Respondents : Mr. Taher Ali Quadri

...

CORAM : SHRIKANT D. KULKARNI, J.

Dated: August 11, 2022

...

PER COURT :-

1.

The applicant, a Co-operative Sugar Factory is

seeking leave to fle an appeal by taking aid of Section

378(4) of the Criminal Procedure Code.

2.

Heard learned counsel for respective parties.

3.

Mr. Ghatol, learned counsel for the applicant

invited attention of this Court to the impugned

judgment paragraph no.37. He pointed out that, the

observations made by the Trial Court regarding

requirement to prove the case of dishonour of cheque

are exfacie incorrect. He submitted that, even if cheque

aaa/-

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ala 74.19.odt

is dishonoured on account of instructions of payment