1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Writ Petition No.841 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard learned counsel. 2. The petitioner challenges the order of issuance of process for offence U/s 138 of the N.I.Act. His defence before the Revisional Court was that he has paid the entire amount. He produced a copy of the receipt in order to show the payment. The petition is founded on probable defence which the petitioner may have as regards the existence of legal liability or debt which was to be discharged. The petition also contains disputed questions of facts, particularly, whether he repaid the entire amount shown under the cheque in question and, therefore, was not liable to pay anything. In view of the involvement of disputed questions of facts and the fact that the petition is based on probable defence, the same is dismissed. (V.R.KINGAONKAR,J.) Dt.29.09.2009. asp/office/Crwp841.09