1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.1944 of 2009 with Cri.Application No.1943 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. Considering the reasons stated in the application and the fact that the applicant is a widow, the delay of 84 days in filing of the appeal stands condoned. The application is allowed. 3. So far as leave to appeal is concerned, it appears that the learned Judicial Magistrate acquitted the Respondent for the reasons that there was absence of tangible material to infer that the cheque in question was issued by him on account of his liability to pay the amount of Rs. 1,50,000/- (Rupees one lac fifty thousand) to the applicant (complainant). The case of the applicant was that the Respondent had accepted the liability to pay the amount for and on behalf of his friends. In other words, he was the guarantor for the friends and, therefore, undertook the liability to discharge the financial debt incurred by his friends. The applicant was unable to locate the names of such friends along with any tangible material or document so as to infer that the friends of the Respondent were indebted to her nor the applicant had any direct transaction with the Respondent. The learned Magistrate considered the fact that there was appropriate material to rebut presumption U/s 139 of the N.I.Act. Considering the reasons ascribed by the learned Magistrate, I do not find any prima facie reason to interfere with the impugned judgment. Consequently, leave is refused. The application is dismissed. (V.R.KINGAONKAR,J.) Dt.06.10.2009. asp/office/Crapp1944.09