IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2229 OF 2006 IN CRIMINAL APPEAL NO. OF 2006 Mr.Chandrakant N.Khajuria )..Applicant Versus The State of Maharashtra & Ors. )..Respondents ---- Mr.Benny Joseph with Mr.Mahesh Londhe i/by M/s. Sanjay Udeshi & Co. for the applicant. Mr.S.V.Marwadi, Senior Counsel for respondent nos.2, 3 & 4. Mr.Rajesh More APP for the respondent no.1/State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 11.08.2008. PC 1. Heard both sides. In my view, the matter requires consideration. The question as to whether the contents of the promissory note dated 25.3.2000 can be said to be a contract, will have to be re-considered. Similarly, the question as to whether mere non delivery of shares in the face of clear declaration of purchase of the shares can by itself absolve the liability of the accused when he had paid no amount whatsoever, also requires consideration. Hence, leave granted. Office to number the appeal. : 2 : CRIMINAL APPEAL NO. OF 2006 1. Leave has been granted by a separate order passed today, hence appeal admitted. Office to number the appeal. Hearing of the appeal expedited. Mr.Marwadi learned Advocate waives service on behalf of respondent nos.2, 3 & 4. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)