1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Cr. Application No.1053/2008 Smt. Mona Vikas Rai Vs. Nirmalkumar Hariprasad Jajani and another. ------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : A.P. LAVANDE, J. DATED : 05/06/2008. Heard Mr. Thomas, learned counsel for the applicant and Mr. Bhangde, learned counsel for respondent no.1 and Mr. Mandpe, learned A. P.P. for respondent no.2. By this application under Section 482 of the Code of Criminal Procedure the applicant takes exception to the order dated 1st March, 2008 passed by Additional Sessions Judge, Nagpur in Criminal Revision Application No.62/2008 by which the Revision against order issuing process against the applicant in Criminal Complaint Case No. 24157/2007 under Section 138 of Negotiable Instruments Act, 1881, has been dismissed. Mr. Thomas, learned counsel for the applicant submitted that respondent no.1 is the money lender and there is no enforceable liability in favour of respondent no.1 and, therefore, the orders passed by the learned Magistrate as well as the Revisional Court are liable to be quashed and 2 set aside. Mr. Bhangde, learned counsel for respondentno.1-original complainant submitted that no case has been made out for interference in exercise of inherent jurisdiction by this Court. Having heard learned counsel for the parties and having perused record, I find no ground to interfere with the impugned order. The question whether there is enforceable liability or not has to be decided on merits only after the parties are allowed to adduce evidence in the case. This issue cannot be gone at the threshold. In my opinion, the Revisional Court has correctly appreciated the entire matter and recorded the findings. No case is made out for interference. Hence, Criminal Application is dismissed. JUDGE Ambulkar.