1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CRIMINAL APPLICATIONNO.797/2009 CORAM : V. R. KINGAONKAR, ,J. DATE : 12th October, 2009. 1. Heard. The application is for leave to appeal under section 378 (4) of Cr.P.C. The respondent came to be acquitted in Criminal Case SCC No.197/2007 for offence punishable under section 138 of the Negotiable Instruments Act, mainly for the reasons that the amount shown under the cheque was a time barred debt and therefore the respondent was not under obligation to discharge the liability. 2. Heard the counsel. 3. Reliance is placed on Shyamsundar Babu Naik Dessai v/s Baban Anant Naik and another reported in 2009 (1) Mh.L.J.157. A single Bench of this Court held that a cheque is a promise to pay an amount and hence gives rise to a contract and fresh set of obligation to p ay the amount. It also requires consideration, whether the cheque amounts to return acknowledgment of the debt and therefore limitation period is exonerated in view of 2 the Limitation Act. Considering the question of law involved in the appeal, leave to appeal. 4. The counsel refers to Zaheeda Kazi V.s Sharina Ashaff Khan reported in 2007 (2) Bankmann 390. Considering the legal question involved, leave is granted. Admit. Mr. Jadhavar R. K. Adv waives service for the respondent. 5. Appellant to furnish private paper book within 12 weeks. 6. Call Record and Proceedings. [ V. R. KINGAONKAR ,J. ] Dt :- 12.10.2009 aaa/797.09