1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO. 393 OF 2011 ( Vijaykumar Rao K. Eshwar Rao Vs. Nivrutti Rajabhau Tembhurney & Ano. ) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri C. F. Bhagwani Adv for applicant. Shri S. M. Bhagde APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 30th JUNE, 2011. . Heard learned counsel for the appellant and learned APP for the respondent/State. The appellant was the original complainant in Summary Criminal Case No. 779 of 2005 decided on 04.12.2006 by Judicial Magistrate First Class Nagpur. Appellant had lent amount of Rs. 75,000/- to respondent no. 1. In turn respondent no.1 issued cheque drawn in favour of the appellant which was dishonored on presentation to the bank. Learned Magistrate convicted the accused. It is 2 alleged that cheque book was stolen and there was no existing liability when cheque was issued. Thus relying upon the evidence adduced by the appellant he proceeded to convict the respondent no.1. This judgment was assailed in Criminal Appeal No. 312 of 2006. Learned Additional Sessions Judge reversed the judgment and order of conviction and sentence, hence this appeal. Peruse the judgment passed by learned Judicial Magistrate First Class Nagpur as well as the judgment in Criminal Appeal No. 312 of 2006. The appellant and the respondent were having cordial relations. It was the case of the appellant that the respondent was in need of Rs. 75,000/- to arrange for admission of his son in Engineering College. After receiving the said amount, the respondent issued cheque which was dishonored on presentation to the bank. Respondent put forth the case that he had borrowed loan from Punjab National Bank and by way of security he had issued 20 cheques which were returned to him when the account was closed on 16.08.2001. Thereafter the complainant committed theft of the cheque and misused it. 3 The clinching circumstance is although the account was closed in the year 2001 the respondent had retained with him or was carrying with him the cheque book till they were stolen. It is not known when they were stolen and in what circumstance. Only after summons in the case was received he lodged report. I, therefore, find that arguable points are involved in this appeal, hence leave as prayed for is granted. APPEAL: Admit. Action under Section 390 of Criminal Procedure Code. Bailable warrant in the sum of Rs. 5000/- (Rupees Five Thousand only) returnable after 8 weeks be issued. JUDGE svk 4 From the date of taking charge i.e. from 17.03.2011 till 06.05.2011 His Lordship Hon'ble Shri Justice M.N. Gilani was sitting at High Court Bombay.