1

FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.4254 OF 2008

IN

CRIMINAL APPEAL (STAMP) NO.843 OF 2008

Office Notes,Office Memoranda

of Coram,appearances, Court's

orders or directions and

Registrar's orders

Court's or Judge's orders

1.

Heard Shri S.B. Bhapkar, Advocate

for the applicant and Shri S.S.Rathi,

Advocate for the respondent/

2.

The applicant seeks leave to file

appeal against the order of acquittal

recorded by the learned Judicial

Magistrate, First Class, Parbhani in

S.C.C. No.1618 of 2005 decided on

4.9.2008.

3.

Both the learned Advocates have

taken me through the judgment of the

trial court, so also deposition of the

applicant-complainant. It is the case

of the applicant that he was holding

2

power of attorney on behalf of the

respondent-accused for selling plots

belonging to the respondent. He had

entered into some transactions with

certain persons, but subsequently it

was found that the title was defective

and therefore the amounts had to be

refunded by him. It is the case of the

applicant that the consideration

amounts received were paid to accused-

respondents.

4.

Learned Advocate Shri S.B.Bhapkar

has referred to the case of Hiten Dalal

vs. Bratindranath Banerjee 2001 SCC

(Cri.)960 as referred to in the case of

Lalji Choubey vs. Jiyalal Chavan 2009

(1) B.Cr.C.358. He also referred to

presumptions under Sections 118 and 139

of the Negotiable Instruments Act,

1981. The Respondent-accused in his

statement under Section 313 of Code of

Criminal Procedure has not given any

explanation.

4.

In the facts and circumstances,

this is a case wherein leave to file

3

appeal deserves to be allowed to be

filed as further scrutiny of evidence

is required.

5.

Hence, application allowed. Leave

granted. Appeal be registered.

Date:26/11/2009

(P.R.BORKAR, J.)

pnd/criapl4254.08