1 Cri-Appln-4670 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.4670 of 2010 IN Appeal No. of 2010 IN Criminal Case No.1214/SS/2008 M/s.Jagnar Leasing & Finance Pvt.Ltd. ... Applicant (Org.Complainant) v/s. State of Maharashtra & anr. ... Respondents (Res.No.2 Orig.Accused) Mrs.Mukta Gobse with Mr.S.B. Amin for Applicant. Mr.S.A. Shaikh, APP for Res.No.1/State. Mr.K.P. Mishra for Res.No.2. ------ CORAM : SMT.ROSHAN DALVI, J. Dated : 25th April 2011 P.C. : 1. The Applicant has taken out this application for leave to file the appeal against Respondent No.2 (original accused No.2) who has been acquitted under the impugned judgment of the trial Court dated 6th August 2010. 2. The Applicant is admittedly the financer of the accused. Certain loan was admittedly granted. EMIs were payable. There were certain defaults which resulted into one conviction on account of a dishonoured cheque. Pending that case, the entire account was sought to be settled by 2 Cri-Appln-4670 the Respondents/accused. The cheque, which has come to be dishonoured, is stated to have been issued. That is issued on Maratha Mandir Co-operative Bank. The Bank later merged with Saraswat Co-operative Bank Ltd. All the assets and liabilities were, therefore, taken over by Saraswat Co- operative Bank and the liabilities were to be discharged by Saraswat Co-operative Bank. The cheque was issued in blank. The cheque is stated to have been used by the accused to discharge the entire liability upon settlement with the Applicant. When the cheque was presented the Bank had merged. Saraswat Co-operative Bank had accepted the cheque. It has been dishonoured for non-payment. 3. The accused contended and the learned Judge observed that the cheque was issued in 2001 itself when the earlier loan was sanctioned and hence could not be used in discharge of the liability for a fresh loan. A balance loan of Rs.1,25,000/- remained payable in 2001. 4. The Respondents/accused have not shown how that liability was discharged. Consequently, the liability remained. 5. Leave to appeal is granted. 6. Appeal to come up for admission on 9th June 2011. (SMT.ROSHAN DALVI, J.)