1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3154 OF 2009 [Shri Laxmi Gramin Bigar Sheti Sahakari Pat Sansths,Ashiv Vs. Ambadas Sidramappa Dhotre] Mr.S.S.Manale,Advocate for applicant Mr.S.J.Salgare,Advocate for respondent. Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders PER COURT :- 1. Heard. 2. This is an application under section 378(3) of the Code of Criminal Procedure seeking special leave to file an appeal against the order of acquittal, recorded by the learned Magistrate in the case lodged by the applicant, alleging the offence punishable under section 138 of the Negotiable Instruments Act. 3. The applicant-complainant is a Co- Operative Credit Society. The Applicant-Society gave loan to the 2 respondent-accused and the cheque in question admittedly was signed by the respondent-accused. After the cheque bounced, the Criminal case started. The learned Judge of the trial Court, however, believed the defence that respondent-accused had deposited certain amount in repayment of the loan, and that on the day of the issuance of cheque, the amount written on the cheque was not legally enforceable debt. The learned Magistrate also took into account the failure of the applicant-complainant to show to the Court the statement of account proving that the respondent- accused still owed the amount to them etc. 4. I find no error on the part of the learned Magistrate in appreciation of the evidence. I am not inclined to grant special leave to file an appeal. The application stands dismissed. Sd/- DT.: 18TH MARCH,2010 [A.V.NIRGUDE,J.] MTK