IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [APPA] No. 646 of 2011 (Narayan Vishwanath Jane Vs. Keshav Marotrao Chikhale) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. K.N. Dadhe, Advocate for the appellant. CORAM : M.N. GILANI, J. DATE : 17 th NOVEMBER, 2011. The appellant is the original complainant in Summary Criminal Complaint No. 8/2006, decided on 25th July, 2011 by the learned Judicial Magistrate First Class, Morshi, District Amravati, thereby the respondent - original accused was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act. Heard the learned counsel for the appellant. Perused the judgment impugned and also the copies of statement of the respondent- accused recorded under Section 313 of the Code of Criminal Procedure. Learned Magistrate in paragraph no. 9 of the impugned judgment observed that there was monetary transaction between the appellant and the respondent. In the statement recorded under Section 313 of the Code of Criminal Procedure, the respondent raised defence that he had borrowed only Rs.12,000/- and for that he had issued cheque by way of security. Further his case is that the said amount was repaid, however, the appellant misused the cheque. Perusal of paragraph nos. 10 and 11 of the impugned judgment show that the learned Magistrate delved into the source of fund available with the appellant and his capacity to lend amount of Rs. 1,20,000/-. In that light of the matter, this Court is of the view that arguable points are involved. Hence, leave, as prayed for, is granted. Application is allowed. Cri. Appeal No. ____/2011: Heard. Admit Action under Section 390 of the Code of Criminal Procedure. Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand Only) against the respondent, returnable after eight weeks. JUDGE *Sdw