1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.3791 of 2007. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The applicant is original complainant. He filed complaint alleging offence U/s 420 of the I.P.Code and U/s 138 of the Negotiable Instruments Act due to dishonour of the cheque issued by Respondent. The applicant is a ST driver. He alleged that he had deposited instalments for purchasing a plot in the Poonam Plot Owners, ST Housing Society, Makbara Road, Aurangabad. The Respondent revoked the agreement. The Respondent issued a cheque for Rs.70,000/- (Rupees seventy thousand) on 6.6.1998. The cheque has been dishonoured when presented in the Bank. It appears that the Respondent issued instructions to stop the payment and, therefore, the cheque could not be honoured by the Bank. The impugned judgment rendered by learned Judicial Magistrate shows that the Magistrate was under erroneous impression that the cheque was dishonoured due to insufficiency of funds. It appears that defence of the Respondent regarding issuance of blank cheque was held as probable. The question regarding presumption U/s 139 of the N.I.Act needs consideration. In this view of the matter, leave to appeal is granted. 3. Admit. 4. The applicant to prove private paper book within ten (10) weeks. 5. The appeal be expedited for final hearing. (V.R.KINGAONKAR,J.) Dt.08.10.2009. asp/office/Crapp3791.07