1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.3220 of 2005 with Cri.Application No.3219/2005 In Cri.Appeal St.No. of 2005. _______________________________________________________________ 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. None for the Respondent. 3. Admittedly, the cheque in question was issued by the Respondent (accused). There is no dispute about the fact that the cheque was dishonoured when presented for encashment to the Bank. The learned Magistrate noticed that the loan transaction was entered into between the parties in 1994, whereas the cheque was issued on 18.11.1996. So, the learned Magistrate came to the conclusion that issuance of the cheque was not proved to be in discharge of the legal liability. It has been held that the cheque was issued by way of security but lateron the body writing was done. In view of "Purushottam S/o Maniklal Gandhi Vs. Manohar K. Deshmukh and another" 2007 ALL MR (Cri.) 332, the question of existing liability needs to be considered. Under the circumstances, this is a fit case in which leave to appeal may be granted. The application is allowed. 4. The appeal is admitted. 5. The appellant to furnish private paper book within ten (10) weeks after the R & P is received. (V.R.KINGAONKAR,J.) Dt.02.09.2009. asp/office/Crapp3220.05