- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.2104 OF 2006 APPLICATION NO.2104 OF 2006 APPLICATION NO.2104 OF 2006 Ashadevi Mahila Nagari Sahakari Patsanstha Maryadit ...Applicant vs. Shirish Shivaji Jagtap & Anr. ...Respondents Mr.Shriram Kulkarni for the applicant Mr.Rahul Kate for Respondent no.1 CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 3,2009 : MARCH 3,2009 : MARCH 3,2009 P.C.: P.C.: P.C.: 1. Heard the learned counsel for the applicant and the learned counsel for the first respondent. This is an application for special leave to prefer an appeal under sub section 4 of section 378 of the Code of Criminal Procedure,1973. The Applicant is a credit society. A complaint was filed under section 138 of the Negotiable Instrument Act,1881. The cheque in question was allegedly issued by the 1st respondent (4th accused) towards the discharge of liability of the loan advanced by the applicant to the 1st to 3rd accused. 2. The loan amount was of Rs.1,50,000/-. The cheque issued by the first respondent was of Rs.5,40,000/-. The learned counsel for the applicant pointed out that for the same liability a certificate under section 101 of the Maharashtra Co-operative Act,1960 has been granted in favour of the - 2 - applicant. In execution of the said certificate, an immovable property was attached and sold and even the price has been deposited by the purchaser. He pointed out that the price amount has not been withdrawn by the applicant as the conveyance or a document of transfer is not yet executed. 3. He submitted that if the applicant receives the sale proceeds, there may not be any subsisting claim. 4. In view of the aforesaid statement, the application for grant of leave is not entertained. The application is accordingly rejected. Liberty to the applicant to apply. 5. It is, however, made clear that the rejection of this application shall not be construed as any finding on the rights claimed by the applicant. It is also made clear that the findings recorded by the learned trial Judge in the impugned order will not affect the rights and liabilities of the parties. JUDGE JUDGE JUDGE