1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO. 404 OF 2011 ( Ranjit Kumar Durgaprasad Muzumdar Vs. Ramprasad Soni) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri R. S. Sundaram, Adv for applicant. CORAM: M. N. GILANI J. DATED: 1st JULY, 2011. . Heard learned counsel for the appellant. Perused the judgment impugned in this appeal. The appellant had lent Rs. 51,000/- to the respondent by way of hand loan. In lieu thereof the respondent issued a cheque. When it was presented to the bank same was dishonored. Thereafter the appellant issued notice as required under law. The appellant produced before the Court the cheque which was dishonored, intimation of the bank and the receipts which were passed by the respondent in favour of the appellant when hand loan was given. 2 Learned Magistrate in para 14 of the judgment observed that the defence of the respondent that blank cheque was delivered to appellant appears probable. This ultimately weighed with the learned Magistrate in dismissing the complaint. As per Section 20 of the Negotiable Instruments Act, if the blank instrument is given, the drawer gives authority to the holder thereof to make or complete the instrument. In this view of the matter arguable points are involved. Leave as prayed for is granted. APPEAL: Admit. Action under Section 390 Criminal Procedure Code. Bailable warrant in the sum of Rs. 5000/- be issued returnable after eight weeks. JUDGE svk 3 From the date of taking charge i.e. from 17.03.2011 till 06.05.2011 His Lordship Hon'ble Shri Justice M.N. Gilani was sitting at High Court Bombay.