hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO. 4904 OF 2009 Uruli Kanchan Rural Nonagricultural Credit Coop. Society Ltd. ... Applicant Versus Mr. Machindra Dhyanoba Limbore ... Respondent Mr. Surel S. Shah, Advocate for the applicant. Mrs. V.R. Bhosale, A.P.P. for State. CORAM : SMT. R.P. SONDURBALDOTA,J. DATED : JANUARY 05, 2011 P.C. The applicant bank is complainant in Criminal Complaint No. 1322 of 2004 filed under section 138 of the N.I. Act. The learned Magistrate has dismissed the complaint and acquitted respondent on the ground that the applicant failed to establish that the cheque given by respondent no. 1 was towards legally enforceable liability i.e. loan given by the Society. The respondent had not disputed the fact that he had applied for the loan to the society and society had sanctioned his application. He had however, disputed the actual disbursement of the loan. Mr. Shah, the learned counsel points out that respondent had on 26th March, 2008 by his application at Exh. 11 sought adjournment of the proceedings for settling the dispute. In that application he has in terms admitted that he had taken loan in the sum of Rs. 50,000/- from the applicant society. He also admitted therein that because of personal difficulties he was unable to pay the installments of repayment. The trial court considering the application at Exh. 11 was of the opinion that the application cannot be treated as primary evidence in the trial and it at the highest can be corroborative evidence. Considering the admission on behalf of the applicant, the impugned judgment requires consideration. Hence, leave to appeal is granted. (SMT. R.P. SONDURBALDOTA,J.)