1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPA) No.388/2011 in Criminal Appeal No. /2011. ( Sau. Neesha w/o Bhojraj Kalamkar ..Vs.. Shri Raman s/o Radheshyam Khandelwal ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Adv. Mrs. Neesha Kalamkar for applicant/appellant (in person). CORAM : M.N. GILANI, J. DATED : 11.7.2011. 1. Heard the appellant/complainant in person. 2. The appellant was the original complainant in Summary Criminal Case No.17178/2008. The cheque in the sum of Rs.3,50,000/- issued in favour of the appellant was dishonoured when it was presented to the concerned bank. Therefore, she filed prosecution under section 138 of the Negotiable Instruments Act. The liability of the respondent/accused had arisen because of the transaction of sale of flat in favour of the appellant. In fact, the said flat was already sold to one Jain and it was mortgaged with Central Bank of India, Butibori. For nonpayment of the dues, flat was attached by the bank. When the appellant lost the possession of the flat, she demanded amount of consideration. Therefore, the respondent/accused issued cheque in her favour. 3. Perused the impugned judgment. Learned Magistrate, 2 Nagpur observed in para 7 that the respondent/accused had issued cheque to the appellant/complainant. However, it was by way of security. The respondent/accused did not examine himself nor any witnesses. Despite this learned Magistrate held that the cheque was not issued towards existing liability. 4. Considering the facts of the case and the observations made in the judgment by learned Magistrate about the accused/respondent signing and delivering the cheque to the appellant/complainant, it seems that arguable points are involved. Leave, as prayed for, is granted. 5. Appeal : Admit. 6. Action under section 390 of the Criminal Procedure Code. 7. Bailable warrant in the sum of Rs.3,000/- (Rs. Three Thousand Only). 8. Returnable after eight weeks. JUDGE Tambaskar.