1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2537 OF 2008 Nashik Road Deolali Vyapari Sahakari ..Applicant Bank Limited V/s. Shivcharan Baburao Kale & anr. ..Respondents Mr.Kishor Patil i/b.Mr.P.N.Joshi, Advocate, for applicant Ms.A.A.Mane, A.P.P, for the State CORAM : K.U.CHANDIWAL, J. DATE : 6TH AUGUST, 2008 P.C. . Heard. 2. The applicant in the capacity as Co- operative Bank had disbursed a loan of Rs.2,50,000/- in the year 1998 to the mother of respondent No.1 Sakhubai Baburao Kale since she failed to make payment, the applicant filed Dispute No.ABN 517/2001 agaist said Sakhubai Kale and other for recovery of the loan amount before the Co- operative Court, Nashik. The dispute moved by the Bank was allowed. A Certificate of recovery was issued in favour of the Bank. Accused/respondent No.1 had issued a cheque dated 17th March, 2003 of 2 Rs.25,000/- for repaying the loan amount and on presentation of the said cheque same was dishonoured followed by statutory procedure and a complaint under Section 138 of the Negotiable Instrument Act against the respondent No.1 was filed. It is specific case of the Bank that the disbursement of the loan to Sakhubai was for the purpose of family, business and activities. However, the learned Judicial Magistrate First Class considered that the loan was not obtained by the accused/respondent No.1 and hence, acquitted him from the charge under Section 138 of the Negotiable Instrument Act. In the situation referred above, a point to be urged is whether the learned Judge was justified in dismissing the complaint when the respondent No.1 accepts an issuance of the cheque in execution proceedings towards legal dues of his mother obtained from the applicant/Bank. Hence, application for leave to appeal is granted. (K.U.CHANDIWAL, J.)