1 Cr. Appln. 3960.09 & 3961.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3960 OF 2009 Sangamner Shetki Sahakari Sangh Ltd. .. Applicant V E R S U S Saiprasad Industries Ltd. and anr. .. Respondents WITH CRIMINAL APPLICATION NO. 3961 OF 2009 Sangamner Shetki Sahakari Sangh Ltd. .. Applicant V E R S U S Saiprasad Industries Ltd. and anr. .. Respondents ... Mr. I.S. Thorat, Advocate for Applicants. ... CORAM : P.R. BORKAR, J. DATED : 11TH DECEMBER, 2009 PER COURT 1] Heard Shri I.S. Thorat, Advocate for the applicants. Perused the papers. The learned Advocate pointed out fact that the complaints were dismissed mainly on the ground of authorisation of complainant to file complaint on behalf of the Co- operative Society; so also on the ground that there is no enforceable debt, but it is the case of the applicants that though, original notice was issued to the Advocate at the instructions given 2 Cr. Appln. 3960.09 & 3961.09 by the Manager, still the Co-operative Society is entitled to file complaint through it’s Office Superintendent and that can-not be reason for acquittal. It is also argued that when a cheque given by the guarantor for a person who is owning money to the complainant Society, it can-not be said to be without consideration. 2] In my opinion, there is reason for allowing these applications as it is necessary to re-examine the fact-situation. In these circumstances, Criminal Application nos. 3960 of 2009 and 3961 of 2009 are allowed. Leave to file Appeal is granted. Sd/- (P.R. BORKAR, J.) arp