1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR . CRIMINAL APPLICATION NO.935 OF 2009. AND CRIMINAL APPEAL NO.153 OF 2009. GAJANAN BABUAPPA SALEGAONKAR VS SANTOSH PURUSHOTTAM WAGHMARE ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri Milind Wadodkar, Advocate for the applicant. Shri A. J. Thakkar, Advocate for respondent. CORAM : A.H. JOSHI, J. DATE : 18th MARCH, 2010. 1. The criminal complaint in relation to offence under section 138 of the Negotiable Instruments Act filed by the applicant has been dismissed by the learned Judicial Magistrate First Class, Resod by judgment and order dated 5- 1-2009. 2. The ground of dismissal is failure to prove existence of civil liability towards hand loan. 3. It is seen from the judgment that due to the testimony and tenor of witness, the learned Magistrate found that the complainant was 2 untrustworthy witness. Nodoubt, the capacity of the complainant to extend hand loan of Rs.40,000/- was also not proved. 4. Thus, the findings are not shown to be contrary to record or perverse or recorded in absence of consideration of evidence on record. 5. The appeal has, therefore, no merit. Application for leave to appeal and appeal are rejected. Judge //mule//