1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.2580 of 2009 _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. Though served, the Respondent No.2 has not appeared in this Court. 3. The Respondent was tried before the learned Judicial Magistrate in a Criminal case (RCC No.96/2003) for offence punishable U/s 420 of the I.P.Code. It was the case of the applicant that he used to deal in business of shares of companies in name and style as "Umesh Investments". There were monetary transactions between himself and the Respondent. It was found that the Respondent was liable to pay an amount of Rs.2,77,321/- (Rupees two lacs seventy seven thousand three hundred twenty one and paise twenty seven only). Therefore, the Respondent issued a cheque dated 21.12.2002 for said amount. The cheque was dishonoured on the ground that the signature did not tally with that of the Respondent. It was alleged that the Respondent issued the cheque with dishonest intention to cheat the applicant. 4. The learned Judicial Magistrate acquitted the Respondent on the ground that the bank account was closed by the Respondent as his business concern by name M/s Bora and sons was closed in 2001 itself. The learned Judicial Magistrate held that liability to pay said amount was not duly proved. The question is whether the Respondent intentionally and purposefully issued the cheque so as to dupe the applicant and that he intentionally signed the same in different manner, knowing that it will not be encashed. The material on record deserves reconsideration in order to find out whether the dishonest intention of the Respondent No.1 is brought on surface of the record. Considering these aspects, leave to appeal is granted. 5. Admit. 6. Print dispensed with. 6. The appellant to furnish private paper book within ten (10) weeks. 7. Action U/s 390 of the Cr.P.C. against the Respondent No.1. (V.R.KINGAONKAR,J.) Dt.06.10.2009. asp/office/Crapp2580.09