1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Criminal Application (APPA) No. 152 OF 2011 Rahul Rakabchand Sawale ..Vs.. Babulal Govardhan Chavan and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.V. Bhide, Adv. for the applicant. Mr. V.A. Thakre, APP for the State. CORAM : M.N. GILANI J. DATE : 17.6.2 011 . Heard learned counsel for the applicant. Perused the judgment and order of acquittal rendered by learned Judicial Magistrate, First Class, Ner, thereby acquitting the respondent/accused of the charge of an offence punishable under section 138 of the Negotiable Instruments Act. It appears that, as against loan advanced by the appellant/complainant the respondent/accused had issued a cheque in the sum of Rs.90,000/-. The learned Judicial Magistrate tried to probe about the source of the amount which was given as loan. The fact that no contemporary document or receipt was executed by the respondent/accused in favour of the applicant/complainant while receiving loan 2 also weighed with learned Magistrate in disbelieving the case of the applicant/complainant. Obviously, arguable points are involved. Leave, as prayed for, is granted. Action under section 390 of the Criminal Procedure Code. Bailable Warrant in the sum of Rs. 5,000/- (Rs. Five Thousand Only). Returnable after eight weeks. JUDGE Hirekhan.