1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 165 /2009 in CRIMINAL APPEAL NO................./2009 [Shyam Ramjisao Motghare vs. Prayagraj Gas & Domestic Appliances ) ..................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr S P Kshirsagar, Adv. for applicant CORAM : A.P.BHANGALE, J. DATED : FEBRUARY 11, 2010. Heard. 2. By this application, the applicant prays for grant of leave to prefer an appeal under section 378(4) of the Cr.P.C. Learned Advocate for the applicant submitted that in fact the accused had admitted their liability in writing. The agreement is proved as Exh.21 which is referred to in para no.7 of the judgment. But the learned trial Magistrate held that the cheque was not issued towards discharging legally enforceable liability and disregarded the statutory presumption available u/ss. 118 and 139 of the Negotiable Instruments Act as well as return acknowledgment of liability evident in Exh.21. 3 Learned Advocates for respondents are absent. 4 Arguable case is made out. Leave granted. 5 Admit. Call R & P. Private paper-book within 12 weeks. Issue notice to respondents for final hearing. JUDGE 2 sahare