1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1260 OF 2008 Bharti Sahkari Bank Ltd. ..Applicant V/s. Sanjay Harishchandra Pimpudkar & anr ..Respondents Mr.Prasad S. Dani, Advocate, for applicant Mr.J.P.Yagnik, A.P.P, for the State CORAM : K.U.CHANDIWAL, J. DATE : 29TH JULY, 2008 P.C. . Heard. 2. Pursuant to failure of repayment of loan by the original debtor the proceedings were initiated before the learned Registrar and a Certificate under Section 101 of the M.C.S Act was issued in favour of the Bank by the learned Registrar. In the mean time, the original debtor expired. On 17th January, 2005 the legal heirs accepted the liability of repayment of the said loan by a letter. As part payment of the said amount on 15th February, 2005 a cheque of Rs.20,00,000/- drawn on 2 Shree Laxmi Co-operative Bank was issued in favour of the Bank which was on deposit dishonoured. The learned Chief Judicial Magistrate First Class, Pune raised a point as to whether it was a discharge of legal liability enforciable by law and answered the same in the negative. Considering the above facts, leave is granted. Action under Section 390 of the Criminal Procedure Code. (K.U.CHANDIWAL, J.)