T. A. N. MOORTHY vs C. K. NARAYAN AND ANR

Judgment text excerpt

Cri. Appeal.561.2018.docx H.H. Sawant IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 561 OF 2018 T.A.N.Moorthy Appellant .. (Original Complainant) Versus C.K.Narayan and Anr .. Respondents ....................  Mr. Vijay Kurle a/w. Ms. Priyal Gupta and Mr. Pratik Sarkar, Advocates for Appellant.  Mr. Vishal V. Kale a/w. Mr. Ganesh M. Misal, and Mr. Sunil S. Dude, Advocates for Respondent No.1.  Ms. Sangita E. Phad, APP for Respondent No.2 – State ................... CORAM : MILIND N. JADHAV, J. DATE : JANUARY 02, 2025 JUDGMENT: 1. Heard Mr. Kurle, learned Advocate for Appellant, Mr. Kale learned Advocate for Respondent No.1 and Ms. Phad, learned APP for State. 2. The present Appeal challenges judgment of acquittal dated 01.10.2015 passed by the Metropolitan Magistrate Court, 27 th Court, Mulund in CC No. 274/SS/1996. Appellant – T.A.N. Moorthy is original Complainant, private Respondent No.1 Mr. C.K. Narayan is original Accused and State is Respondent No.2. 3. Parties shall be referred to as “Complainant” (Appellant) and “Accused” (Respondent No.1) for convenience. 1 of 40 Cri. Appeal.561.2018.docx 4. Prior to passing of impugned judgment dated 01.10.2015, Trial Court by judgment dated 08.03.2010 had convicted Accused for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short “the said Act”) and sentenced him to suffer S.I. for 1 year and imposed fine of Rs.87,46,713/- and in default to suffer S.I for 3 months. Accused being aggrieved filed Criminal Appeal No.177 of 2010 before Sessions Court. By judgment dated 14.05.2015, his Appeal was allowed and judgment dated 08.03.2010 was quashed and set aside and the case was remanded back to Trial Court for reconsideration and rehearing with a direc