1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.613 OF 2009 CRIMINAL APPEAL STAMP NO.132 OF 2009 People’s Co-operative Bank Limited ... APPLICANT VERSUS Godavari Dudhna Sahakari Sakhar Karkhana Ltd. & ors. ... RESPONDENTS ----- Shri A.S. Bajaj, Advocate for the applicant Shri R.R. Chandak, Advocate for respondent No.1. None for respondent Nos.2 & 3 in spite of service ----- CORAM : SHRIHARI P. DAVARE, J. DATED : 5th October, 2009. PER COURT : 1. Perused. Heard learned counsel for the parties. 2. By the present application, the applicant/ appellant has sought leave to file the accompanying appeal challenging the judgment and order of acquittal rendered by the learned Chief 2 Judicial Magistrate, Parbhani in S.C.C. No.482/1998 on 17.12.2008, acquitting the respondents/ accused from the alleged offence punishable under Section 138 of the Negotiable Instruments Act. 3. Apparently there is debatable point that whether the cheques in question were issued towards security of the loan and whether there was a legally enforceable liability against the accused or not. The learned counsel for the applicant also relied upon the ratio laid down and observations made in the ruling reported at AIR 2002 SC 182 (M/s MMTC Ltd. & anr. Vs. M/s Medchl Chemicals and Pharma (P) Ltd. & anr.) (K.T. Thomas and S.N. Variava, JJ.) to substantiate the contentions of the applicant (original complainant). 4. Considering the facts and circumstances, leave granted as prayed for. [ SHRIHARI P. DAVARE, J.] fmp/cri613.09