1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2354 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Coram: P.R. Borkar, J. Date : February 18, 2010 1. Heard Shri A.S.Bajaj Advocate for the applicant, Shri K.M. Suryawanshi, A.P.P. for Resp. No.1 and Shri N.T. Tribhuwan, Advocate for Respondent No.2. 2. The applicant seeks leave to file appeal against the order of passed by the learned J.M.F.C., Jalna on 5.5.2009 in S.T.C. No.801 of 2008, acquitting respondent No.2 of the offence punishable under Section 138 of the Negotiable Instruments Act. 2 3. The present applicant, which is a cooperative bank, has filed above said complaint under Section 138 of the Negotiable Instruments Act, against present respondent No.2. It is alleged that towards loan amount which respondent No. 2 has obtained, he had issued cheque on 14.3.2008 for Rs.10,200/- in favour of the complainant-bank, which on presentation to the bank, was dishonoured. The bank-complainant, therefore issued notice to respondent No.2 demanding the amount. However, in spite of notice, the amount was not paid. 4. The reason for acquittal stated by the learned Magistrate is that the evidence disclosed that out of total loan of Rs.50,000/= sanctioned, amount of Rs.19721/= was credited to the loan account of one Nana Kolhe and Rs.15,915/= in the 3 loan account of one Laxmikant Akolkar, Rs.7390/= were deducted and only cash of Rs.6,934/= was paid. So far as deductions out of Rs. 14367/- are concerned, sum of Rs. 5000/= is deducted towards advance against loan deposit, Rs.2,025/= towards monthly installment and Rs. 350/= are deducted towards processing charges. That was the explanation given during the trial. 5. It is argued before this court that along with this application for leave to file appeal, criminal application No.4175 of 2009 is filed wherein different calculations are given regarding deductions of Rs. 7,390/-. By the said criminal application No.4175 of 2009, the present applicant wants to produce additional documents to show that whatever deductions were made in the name of Nana Kolhe and Laxmikant Akolkar, were as per the 4 instructions of present Respondent No.2 who, according to the applicant, had also issued loose cheques to that effect. 6. The present matter raises some important questions of law and facts which need to be addressed in full hearing of the appeal and cannot be considered in the application for leave to file appeal. 7. In the circumstances, leave to file appeal granted. Application allowed and disposed of. Appeal be registered. Date: 18.02.2010 (P.R.Borkar, J.) pnd/ criap2354.09