1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No.19 of 2010 IN Criminal Appeal No. of 2010 [Rambhau G. Take Vs. Pramod B. Deshmukh & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. M.B. Naidu, Adv., for the applicant. Mr. S.S. Doifode, APP for respondent no.2. ----- CORAM : A.H. JOSHI, J. DATE : 26th March, 2010. 1. This Court has called upon the learned Adv., for the applicant to argue the appeal on merits. This Court is of the view that if there is some merit in the appeal, in that event only, the respondent no.1 be served. 2. Heard. 3. It is seen from the Judgment, and evidence tendered for perusal, that the accused had stopped transacting with the complainant way back in 1999. The cheque is allegedly issued on 20th September, 2000. 4. Admittedly, the shop of the complainant was run and managed by the son of the complainant. 2 5. The amount of cheque discloses an odd figure of Rs.3,32,046-00 indicating that it is either a payment on account of settled dues at the foot of ledger, or towards a specific transaction. No evidence to prove either of the facts, or to prove the liability is brought on record. 6. In the background of denial of trading relations since 1999, proof of such fact was necessary. 7. The accused has stepped into witness box and denied the transaction. 8. In this background, it is clear that appeal has no merit. Therefore, when the appeal does not have any merit, it is unworthy to serve the respondent no.1 and vex him. 9. In this situation, this Court is satisfied that the application for condonation of delay does not merit any indulgence, and the same is rejected. Judge |Hedau| 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Appeal No. of 2010 [Rambhau G. Take Vs. Pramod B. Deshmukh & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. M.B. Naidu, Adv., for the applicant. Mr. S.S. Doifode, APP for respondent no.2. ----- CORAM : A.H. JOSHI, J. DATE : 26th March, 2010. In view of the order passed in Criminal Application No. 19 of 2010, the appeal does not survive. Judge |Hedau|