1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Criminal Application No.1970/2008 in Criminal Appeal No.543/2008 ( Shikshak Sahakari Bank Ltd., through its Branch Manager, Chandrapur ..Vs.. Avinash s/o Sudamji Hingane ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.L. Jaiswal Adv. H/f. Mr. A.M. Ghare, Adv. for applicant/appellant. CORAM : M.N. GILANI J. DATE : 16.6.2 011 . Heard. Perused the judgment delivered by learned Magistrate, First Class, (4th Court), Chandrapur in Summary Criminal Case No.760/2005. The applicant is a Shikshak Sahakari Bank Limited having their branch at Chandrapur. The loan of Rs.1,74,000/- was advanced to the respondent by the applicant bank. It was to be repaid in installments. On 22/12/2004 the respondent issued cheque for Rs.17,900/- in favour of the applicant bank towards the installment of the loan. On presentation to the bank concerned bank it was dishonoured and therefore, the applicant initiated 2 prosecution under section 138 of the Negotiable Instruments Act. Although two witnesses were examined on behalf of the applicant/appellant, in rebuttal the respondent did not examine either himself or any other witness. It seems that the complaints lodged against the bank officials about misappropriation weighed with learned Magistrate in disbelieving their case. Presumption available to the holder of the cheque under section 139 of the Negotiable Instruments Act appears to have been ignored. Arguable points are involved. Leave, as prayed for, is granted. Criminal Appeal No.543/2008 Admit. Action under section 390 of the Criminal Procedure Code. Bailable warrant in the sum of Rs.3,000/- (Rs. Three Thousand Only). Returnable after eight weeks. JUDGE Tambaskar.