Bombay High Court

PRAKASH BAPU WANIversusNISHIKANT M. BAMNODKAR AND ANR

Decided: 6 February 2026
Disposal: Disposed Off
Bench: RAJESH S PATIL

Summary

The original complainant filed a criminal application for special leave to appeal against a judgment of the 7th JMFC, Kalyan, which had acquitted the accused. The Public Prosecutor argued that the accused was a habitual offender, had been convicted in another case, and that in the present case the accused had a legal liability for purchase of goods and had issued a cheque that was dishonoured. The court considered whether these facts warranted granting special leave to appeal. The application was admitted and the court ordered that the records and pleadings be called for further consideration. No substantive decision on the merits was rendered at this stage.

Issues considered

Whether special leave to appeal should be granted in the present criminal application.
Whether the accused's alleged habitual offending and prior conviction affect the merit of the appeal.
Whether the alleged cheque dishonour establishes a legal liability warranting reversal of the acquittal.

Subjects

special leave to appeal
criminal procedure
cheque dishonour
habitual offender
acquittal

Judgment

                                                                             32. ALP 147-2016.doc


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                     CRIMINAL APPLICATION NO. 147 OF 2016

                     Prakash Bapu Wani                                        ..Applicant

ANAND           Versus
SUDHAKAR
SUDAME   Nishikant M. Bamnodkar & anr.                                        ..Respondents

                     None for the Applicant
                     Ms. Shilpa Talhar, PP., for the Respondent – State
Digitally signed
by ANAND                     CORAM : RAJESH S. PATIL, J.
SUDHAKAR
SUDAME                       DATE    : 06.02.2026
Date: 2026.03.18 P. C.
18:06:28 +0530
                 1.    The present Application for special leave to appeal has been filed

                     by the Original Complainant challenging the Judgment and Order

                     dated 07.01.2016 passed by learned 7 th JMFC, Kalyan, District – Thane

                     in SCC No. 1225 of 2002 thereby acquitting the Accused person.

                     2.       Heard Ms. Talhar, learned Public Prosecutor for the Respondent –

                     State.

                     3.       She submits that apart from the present proceeding, the Accused

                     was convicted in yet another complaint filed against him. She submits

                     that the Accused is a habitual offender. She submits that in the present

                     proceeding, there was a legal liability of the Accused towards purchase

                     of goods and the cheque issued by the Accused on presentation was


                     Anand                            1 of 2
                                                     32. ALP 147-2016.doc

dishonored. She submits that this is a good case on merits. Hence, the

present Application requires to be admitted.

4.      Admit.

5.      Call for R & P.



                                                (RAJESH S. PATIL, J.)




Anand                          2 of 2

Continue reading with your account

Checking your session…