1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO. 3414/2008 in CIRMINAL APPEAL NO. 665/2008 2649 /2009 ( Bamhani Shikshan Prasarak Mandal vs. Shri Dayaram Damaji Sudame ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr V N Parate Adv. for applicant Mr. A G Joshi Adv. for Respondent C ORAM : A.P. BHANGALE, J. DATED : 10 th September, 2009. 1. Heard counsel for respective parties. 2. The applicant prays for grant of leave to file this appeal challenging the judgment and order of acquittal dated 23rd July, 2008 in Criminal Complaint Case No.733/2005 by the learned Judicial Magistrate, First Class Umred. According to the applicant, part of the amount due was already paid in the sum of Rs. 1 lakh by the accused from the Provident Fund and for rest of the amount, in the sum of Rs.1,05,000/- a cheque was issued on 26.8.2005 which is dishonoured, in respect of which demand notice was served upon the accused, which he had received. Under these circumstances, failure to pay the amount demanded by the accused in the light of the contention that statutory presumptions were not duly considered by the trial Court, needs to be re-appreciated. Hence leave is granted. 3. Admit the Appeal No. 665/2008. Call R & P Private paper-book be furnished within 10 weeks from receipt of R & P. List the Appeal for final hearing after private paper-book is ready. JUDGE. sahare