Supreme Court - Daily Orders
Pavan Diliprao Dike vs Vishal Narendrabhai Parmar on 12 July, 2019
Bench: L. Nageswara Rao, Hemant Gupta
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No. __________of 2019
(Arising out of S.L.P. (Crl.) No(s). 3858/2019)
PAVAN DILIPRAO DIKE ...Appellant(s)
VERSUS
VISHAL NARENDRABHAI PARMAR ...Respondent(s)
O R D E R
Leave granted.
While setting aside the order of acquittal of the appellants under Section 138 of the Negotiable Instruments Act, 1981, the High Court convicted the petitioner and directed deposit of an amount of Rs.1,20,000/- within a period of two months. In case of default, the appellant was directed to undergo imprisonment of one year.
Pursuant to the order passed on 22.04.2019 while issuing notice, the appellant was directed to deposit a sum of Rs.1,20,000/- in the Registry. Subject to deposit of the said amount with the Registry of this Court, the Appellant was directed to be released on bail.
The learned counsel for the Appellant submitted that the judgment of the trial court is supported by reasons and the High Court ought not to have reversed the judgment. Signature Not Verified Digitally signed by ARJUN BISHT Date: 2019.07.18 22:00:26 IST Reason: We do not agree with the submission of the learned counsel. We are of the opinion that the High Court has 1 rightly reversed the order of acquittal passed by the trial court wherein the presumption under Section 138 has not been taken into account. The trial court committed an error in placing heavy burden on the complainant to prove the debt.
We are informed that an amount of Rs.1,20,000/- has been deposited in this Court. The Respondent is at liberty to withdraw the amount. For the afore-mentioned reasons, the order of the High Court is affirmed. The appeal is disposed of.
.......................J. [L. NAGESWARA RAO] ......................J. [HEMANT GUPTA] NEW DELHI;
July 12, 2019.
2
ITEM NO.35 COURT NO.12 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal
(Crl.)No(s).3858/2019
(Arising out of impugned final judgment and order dated 16-05-2018 in CRLA No. 507/2009 passed by the High Court Of Judicature At Bombay At Nagpur) PAVAN DILIPRAO DIKE Petitioner(s) VERSUS VISHAL NARENDRABHAI PARMAR Respondent(s) (Office Report for direction) Date : 12-07-2019 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE HEMANT GUPTA For Petitioner(s) Mr. Rajat Joseph, AOR For Respondent(s) Mr. Kunal Cheema, AOR Mr. Aditi Parkhi, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal stands disposed of in terms of the signed order.
(KAVITA PAHUJA) (SUNIL KUMAR RAJVANSHI) COURT MASTER (SH) BRANCH OFFICER [Signed order is placed on the file]