1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO: 2956/2008 IN CRIMINAL APPEAL NO.576/2008 (Yavatmal District Mahesh Urban Credit Co-op. Society Ltd.{ Through Manager} vs. Narayanrao Ukandrao Paikrao) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr. J T Gilda, Adv. for applicant/ appellant Mr B D Vora, Adv.for Respondent-sole C ORAM : A.P. BHANGALE, J. DATED : 25th August, 200 1. Heard learned counsel for respective parties, at length. 2. This is an application under section 378(4) of the Code of Criminal Procedure, for grant of leave to appeal, on the ground that applicant /appellant has a prima facie case to succeed , in view of the fact that cheque in question was issued by the respondent for the outstanding dues against him, payable as repayment of loan from the appellant-society. It is contended that the learned trial Judge took erroneous view of law regarding liability of the respondent to pay the amount of Rs.1,40,000/-. 3. Learned counsel for the respondent opposed grant of leave on the ground that assuming that cheque presented for encashment was dishonoured, the cheque cannot be issued for larger amount than the amount of debt payable or liability to be discharged. Reference was made to the ruling in Joseph Sartho vs. Gopinathan Nair reported in 2009 (2) Crimes 463 (Kerala High Court). Perusal of the impugned judgment and order prima facie shows that prosecution had proved that the cheque in question bearing No.282142 dated 20.4.2007 drawn was for the sum of Rs.1,40,000/- on Yavatmal District Central Cooperative Bank, Yavatmal, in favour of the complainant. It was dishonoured for the reason of ‘insufficient funds’ in the account of the 2 accused, in respect of which demand notice was served but he failed to make the payment within the stipulated period. Under these circumstances, the contention of the accused that the cheque was issued for larger amount than the actual liability has to be considered at the time of final hearing of the appeal. 4. Arguable case is made out for granting leave under section 378(4) Cr.P.C. Leave granted. 5. Admit. Call R & P. Learned APP waives notice on behalf of respondent. 6. Learned Counsel for the appellant undertakes to prepare and furnish Private paper-book within a period of ten weeks. List the Appeal for final hearing after paper-book is ready. JUDGE. sahare