1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO. 177 & 176 OF 2011 ( Inderchand Mansukhlal Agrawal Vs. Narendra Babulal Bhalotiya ) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri Mahesh Singh Adv for applicant/appellant. CORAM: M. N. GILANI J. DATED: 13th JULY, 2011. . Heard learned counsel for the appellant. In both these appeals appellant/complainant impugns the judgment and order of acquittal dated 10.11.2010 passed by the Judicial Magistrate First Class Nagpur in Summary Criminal Case Nos. 21531 of 2006 and in 21531 of 2006. On 16.05.2006 hand loan of rupees four lac fifty thousand (Rs.4,50,000/-) was given to the respondent/accused. In lieu thereof the respondent/accused issued two cheques, one in the sum of Rs. 2 lac and other in the sum of Rs. 2.5 lac. Both cheques were dishonored. Two separate cases came to be filed and both ended into acquittal of the accused. Perused the judgment. There is no dispute that cheques were signed by the respondent/accused. It is also not disputed that cheques were handed over by the respondent/accused to the appellant/complainant. However, the defence put forth by the 2 respondent/accused was that in the year 2002 he delivered three cheques duly signed to the appellant/complainant. These cheques were given as respondent/accused needed money for his business. Thereafter their relations became strained. The fact remains that when the cheques were presented to the bank, instructions of stopping payment were issued by the applicant. Learned Magistrate went on to pro source for amount collected in the cheque with the appellant/complainant. Learned Magistrate further observed that while lending loans of huge amount the contemporary documents like receipt or any other document was not executed. I am, therefore, of the view that arguable points are involved in the appeal. Leave as prayed for is granted. APPEAL: Admit. Action under Section 390 Criminal Procedure Code. Bailable warrant in the sum of Rs. 5000/- returnable after eight weeks. JUDGE svk 3 From the date of taking charge i.e. from 17.03.2011 till 06.05.2011 His Lordship Hon'ble Shri Justice M.N. Gilani was sitting at High Court Bombay.