IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 1017 OF 2008 IN CRIMINAL APPEAL No. OF 2008 Maruti Dondiram Pawar. Applicant. vs. Ramdas Dadu Nirmal and Anr. Respondents. ------------------------------------------------------------- Office Notes,Office : Memoranda of Coram, : Court’s or Judge’s orders appearances,Court ’s : orders or directions : and Registrar’s orders. : ------------------------------------------------------------ Mr Rahul S. Kulkarni, Adv.for the Applicant/Appellant. Mr P.S. Shitole, A.P.P. for the State. Mr A.S.Khandeparkar, Adv. i/b D.H. Pawar for Respondent No.1. CORAM: CORAM: CORAM: A.R. JOSHI,J. A.R. JOSHI,J. A.R. JOSHI,J. DATED : 16TH APRIL,2009. DATED : 16TH APRIL,2009. DATED : 16TH APRIL,2009. P.C.:- P.C.:- P.C.:- 1. Heard the rival submissions for some time. 2. It is the application by the original complainant for leave to appeal. He filed criminal complaint against the respondent - original accused for taking action for the offence punishable under Sections 420, 468, 471 of the I.P.C. and also under Section 138 of the N.I.Act. 3. It is, allegedly, the case of the complainant that he gave Rs. 50,000/- to the accused to meet certain expenses i.e. to secure a job to his son in military. Certain letters, purported to have been issued by Military Headquarter, were produced by the accused. However, subsequently they were found to be fabricated. Thereafter, a cheque of Rs. 50,000/- came to be issued by the accused to the complainant towards repayment of the amount. The said cheque was deposited by the applicant in bank which came to be dishonoured and therefore proceeding came to be lodged against the accused. However, process was issued only for the offence under Section 138 of the N.I.Act and matter was heard. Considering the transaction of giving Rs. 50,000/- by the applicant-appellant to the accused as illegal, it was held by the trial Magistrate that it was not legally enforceable debt and as such the accused was acquitted. Considering the factual position, the issuance of cheque, the prima facie presumption as envisaged by Section 118 of the N.I.Act, in the opinion of this Court, the matter is required to be admitted and leave is required to be given. 4. In the result, the appeal is admitted. (A.R.JOSHI,J.) (A.R.JOSHI,J.) (A.R.JOSHI,J.)