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BOMBAY HIGH COURT - BENCH AT GOA
R. M. Savant, J
Sandeep Shirodkar – Appellant
Versus
Shankar Dhawaskar – Respondent
| Table of Content |
|---|
| 1. common issue in appeals resolved together. (Para 1 , 2) |
| 2. accused issued cheques for alleged business transactions. (Para 4 , 5 , 6 , 7) |
| 3. evaluation of evidence is crucial for appellate court. (Para 8 , 9 , 10) |
| 4. presumptions and burden of proof addressed. (Para 12 , 13 , 14) |
| 5. provisions of section 138 discussed in the context of acquittal. (Para 15 , 16 , 17 , 18) |
| 6. final decision based on evidence and failure to establish liability. (Para 19 , 20) |
JUDGMENT:
1. The above criminal Appeals involve common facts and raise a common issue and are therefore heard and disposed of together. Criminal Appeal No. 17 of 2009 is filed challenging the judgment and order dated 26.9.2008 passed by the learned Additional Sessions Judge-3, South Goa, Margao, by which the judgment and order dated 8.5.2008 passed in Criminal Case No. 1199/OA/ NIA /06/B by the learned J.M.F.C., Vasco-Da-Gama, convicting the Respondent No.1/Accused came to be set aside.
2. Criminal Appeal No. 28 of 2009 is filed challenging the judgment and order dated 25.9.2008 passed by the learned Additional Sessions Judge-3, South Goa, Margao, by which the judgment and order dated 8.5.2008 passed in Criminal Case N
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