1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.158 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The appellant seeks leave to appeal U/s 378(4) of the Cr.P.C. The Respondent is acquitted for the offence U/s 138 of the N.I.Act, mainly for the reason that the cheque issued by him was in his own loan account and, therefore, the appellant/bank can not be treated as the payee. The fact that the cheque was dishonoured is not in dispute. The fact that the cheque was issued by the Respondent is also not in dispute. It prima facie appears that the learned Judicial Magistrate considered the authority of this Court in "Credential Finance Ltd. and others Vs.State of Maharashtra and another" (2000) 3 Mh.L.J. 544. The name of the payee as shown in the cheque Exh.19 is Dr.Babasaheb Ambedkar Nagari Sahakari Bank Ltd.,Aurangabad in loan account No.174/1520. It prima facie appears that interpretation of the trial Court in the context of the expression payee as used in N.I.Act does require afresh look. Consequently, leave to appeal is granted. 3. Admit. 4. The appellant to furnish private paper book within ten (10) weeks. 5. Call R & P. 6. Smt.Y.M. Kshirsagar, learned A.P.P. waives service for the Respondent No.1. 7. Mr.S.M.Biyani, learned advocate waives service for the Respondent No.2. (V.R.KINGAONKAR,J.) Dt.14.09.2009. asp/office/Crapp158.09