1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 916 OF 2010 Sukhram s/o Hari Gadakh, Aged 65 years, Occupation Agriculture, Resident of Paregaon (Bk), Taluka Sangamner, District Ahmednagar Applicant V E R S U S 1. Ismail s/o Fakira Shaikh, Aged 45 years, Occupation Temp Owner and Driver, Resident of Samnapur, Taluka Sanganer, Now residing at Maldad Road, Vaiduwadi, Sangamner in the House of Anna Maruti Shinde, Taluka Sangamner, District Ahmednagar. 2. The State of Maharashtra Respondents Mr. Y.S. Choudhari, Advocate for the applicant Mr. S.K. Shirde, Advocate for the respondent No.1 Mr. N.H. Borade, APP for the respondent No.2 / State CORAM : A.V. NIRGUDE, J. DATED : 6th April, 2010 PER COURT : 1. This application seeks special leave to file appeal against the Judgment and order passed by the J.M.F.C., Sangamner, in criminal case S.T.C. No. 662 of 2001, acquitting the respondent No.1 / accused. 2 2. The petitioner / complainant had following case : He said that the respondent No.1 took hand loan of Rs. 3,50,000/- from him, and in the repayment, he handed over cheque of Rs.3,50,000/- to him. The cheque failed and the criminal case was initiated. The respondent No.1 / accused came with a specific case that he received Rs.10,000/- as loan and agreed to pay 10% interest per month, and handed over the cheque, in blank, duly signed by him. He said, this cheque was misutilized for filing of this complaint. The learned Judge examined the case and came to conclusion that there was no possibility of the petitioner / complainant giving the hand loan of Rs.3,50,000/-, and therefore, dismissed the complaint. Having gone through the Judgment of the lower Court, I find no error on the part of the learned Magistrate in appreciating the facts of the case. The application therefore stands rejected. (A.V. NIRGUDE, J.) srm/criapln/916/10