1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1507 OF 2009 Shri Anil Prakash Patil .. Applicant Versus Shri Chotulal Tukaram Suryawanshi .. Respondent Mr. J.R. Shah, Advocate for the applicant None present for the respondent CORAM : A.V. NIRGUDE, J. DATED : 12th JUNE, 2009 P.C.:- 1] This application is made challenging the order passed on Exhibit 25 in S.T.C.C. no. 643 of 2008 pending before Judicial Magistrate First Class, Nandurbar. The applicant is the accused in this case under section 138 Negotiable Instruments Act. After appearance before the learned Magistrate the applicant moved an application. He stated that he had singed a blank cheque and had kept it in an envelope. He stated in April, 2008 he had lost this 2 envelope and about which he had lodged a complaint to the Police. He stated the respondent-complainant probably grabbed the envelope and utilised the cheque in question to foist a false allegation against him. On this assertion he urged the lower Court to discharge him. The learned Magistrate rejected this application. 2] I am also not inclined to entertain this application because what is stated in the application, which came to be rejected is the applicant’s defence in the Criminal case. The defence, is subject to proof and the applicant during the trial would try to prove his defence and if he succeeds in doing so, he would get acquittal, else the presumptions under section 139 of the Negotiable Instruments Act would be binding on him. 3] The application stands rejected. (A.V. NIRGUDE, J.) arp/12june9/cr1507.09