1 Cri. A.130.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 130 OF 2010 [Jyoti Sahakari Pat Sanstha Marayadit Kopargaon Vs. Bhagwan S/o Bhikaji Borkar] Mr.R.A.Tambe,Advocate for the applicant 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 application is filed seeking leave to file the appeal under section 378(4) of the Code of Criminal Procedure, against the Judgment and order dated 11th August, 2009, passed by the Judicial Magistrate First Class, Kopargaon in S.T.C. no. 702 of 2008 acquitting the respondent for the offence punishable under section 138 of the Negotiable Instruments Act. The applicant was complainant-co-operative Credit Society. They alleged that, the respondent handed over to them a Cheque of Rs.1,93,368/- on 12th July, 2008 for repayment of the loan, which he had 2 Cri. A.130.10 earlier obtained from them. The cheque failed and therefore the Criminal Case ensued. 3. The learned Judge of the lower Court dismissed the complaint, mainly because he found that as per the record of the applicant-complainant on 12th July,2008, the respondent did not owe sum of Rs.1,93,368/- to the complainant-Society. The learned Judge of the lower Court also accepted the defence of the respondent that the cheque in question was handed over to the complainant-society in blank duly signed as security when the loan was sanctioned. The learned Judge of the lower Court also held that the particulars on the cheque in question were subsequently filled up by one of the employee of the complainant- society. The reasons mentioned for dismissing the complaint are quite cogent. Therefore, I am not inclined to interfere in it. Hence, the Criminal Application stands dismissed. Sd/-/- DT.:22.03.2010 [A.V.NIRGUDE,J.] MTK