Bombay High Court

ANISA BEGUM W/O ABDUL HAMID THROUGH HER SON GPA MR QURESHI WASIM RAJA S/O ABDUL HAMIDversusKAVITA DINKAR NAVGIRE

Disposal: DISPOSED OFF
Bench: ABHAY S WAGHWASE

Holding

Leave to appeal was granted.

Summary

Anisa Begum filed a criminal complaint under section 138 of the Negotiable Instruments Act against Kavita Navgire. The complainant presented evidence through her son and documents, but the trial court closed the evidence on 21‑12‑2023 because the son was unavailable for cross‑examination, recording a statement under section 313 of the Cr.P.C. The court then acquitted the accused without a full trial. The applicant argued that this denied a fair opportunity to prove the case and sought leave to appeal. The High Court examined the submissions and found that the closure of evidence without cross‑examination and the immediate acquittal warranted appellate review. Consequently, the court allowed the application and granted leave to file an appeal.

Issues considered

Whether the closure of evidence without cross‑examination of the complainant's witness violates the principles of natural justice and warrants appellate intervention.
Whether leave to appeal should be granted in a case where the trial court acquitted the accused after closing evidence prematurely.

Legislation cited

Code of Criminal Procedure, 1973 — s. 313
Negotiable Instruments Act — s. 138

Subjects

section 138 NI Act
cross‑examination
closure of evidence
fair trial
leave to appeal
acquittal
natural justice

Judgment

2026:BHC-AUG:8780
                                                                      ALP-8-2025
                                             -1-

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

            APPLICATION FOR LEAVE TO APPEAL BY PVT. PARTY NO.08 OF 2025

            Anisa Begum W/o. Abdul Hamid,
            Age : 62 years, Occu. : Household,
            R/o. Plot No. 19, Farhat Nagar,
            Near Boon School, Aurangabad,
            Through her son G.P.A.,
            Mr. Qureshi Wasim Raja S/o. Abdul Hamid,
            Age : 40 years Occu. : Doctor,
            R/o Plot No. 19, Farhat Nagar,
            Near Boon School, Aurangabad.                     … Applicant

                       Versus
            Kavita Dinkar Navgire,
            R/o. Impact Residency Flat No.3,
            Deva Nagari, Near Shanoor Miya Dargah,
            Aurangabad.                                       … Respondent.

                                             …..
            Mr. G. R. Syed, Advocate for Applicant.
            Mr. R. V. Gore, Advocate for Respondent.
                                             …..
                                         CORAM : ABHAY S. WAGHWASE, J.
                                  RESERVED ON : 26 FEBRUARY 2026
                                PRONOUNCED ON : 27 FEBRUARY 2026

            ORDER :


            1.          This leave application is on account of judgment and

            order passed by learned Additional Chief Judicial Magistrate, Court

            No.5, Aurangabad in S.C.C. No. 8466 of 2017, dated 10.01.2024.



            2.          Learned counsel for applicant pointed out that, present

            applicant had instituted proceedings under section 138 of Negotiable
                                                            ALP-8-2025
                                  -2-

Instruments Act against present respondent. He pointed out that,

evidence of complainant was over. However, without further

evidence or applicant facing cross, accused has been acquitted. That,

there was no contest. He pointed out that, order of closure of

evidence was passed on 21.12.2023 and directly matter kept for

argument and finally impugned order has been passed. Therefore,

according to learned counsel, there is denial of fair opportunity to

prove the case. There is a good case in appeal and therefore, he urges

for leave.



3.           Learned counsel for the respondent would justify the

impugned order and opposed the application for leave.



4.           After considering the submissions and on going through

the papers as well as judgment impugned herein, it is emerging that,

present applicant filed S.C.C. No. 8466 of 2017 under section 138 of

N.I. Act against present respondent. It appears that, complainant

adduced evidence through her son and also produced document

Exhs.41 to 48. However, on 21.12.2023 trial court passed an order

that ‘evidence of complainant is closed’ without cross examination, as

C.W.1 Qureshi Wasim Raja had failed to make himself available for

cross examination and directly statement under section 313 of

Cr.P.C. has been recorded. Therefore, virtually for want of failure to
                                                                ALP-8-2025
                                       -3-

make witness available for cross examination, initially order of

evidence closed is passed, and shortly thereafter, impugned order

has been passed.



5.              Learned counsel for applicant undertakes to conduct the

proceedings diligently. In the light of above discussion, prima facie, it

appears that on account of failure to make witness available for cross

examination, the order of ‘closure of evidence’ is passed, followed by

impugned order directly acquitting the accused. Consequently, leave

to file appeal deserves to be granted. Hence, the following order is

passed.


                                    ORDER


          (i) Application stands allowed.

          (ii) Leave is granted to file Appeal.

          (iii) Registry to register the Appeal.

          (iv) List the appeal for further consideration on 05.03.2026.



                                             (ABHAY S. WAGHWASE, J.)




Tandale

Continue reading with your account

Checking your session…