:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.249 OF 2007 Parashari Gramin Begagsheti Co.op. Patsanstha Ltd., Pimpalgaon (B). ..Applicant. Vs. Shri. Baalasaheb H. Boraste. ..Respondent. Mr.A. Kode i/by Ajay Misar & Co. for the Applicant. Mr.R.N.Gite for the Respondent No.1. Mr.A.S.Shitole, APP. for the State. CORAM: R.S.MOHITE, J. DATE : 25th September, 2008 PC : 1. This is an application for leave to file appeal. On perusing the evidence which has been produced on record, I find that the appeal raises arguable points of law. It is true that the complainant-society did not produce the statement of account. The case of the accused is that he had issued cheque on 7.6.2000 when he had availed the loan facility on 25.10.1996. Even if this position is accepted it only leads to the conclusion that there may be no presumption in favour of the complainant. However, I find that the accused had accepted the receipt of the loan and has not stated in his evidence that the amount as allegedly filled in by the complainant does not reflect the true dues. He has not stated in his evidence that he had made any repayment to the complainant society. Another question as to whether the debt which is time barred can be the :2: basis of 138 proceeding is being referred to as loan. Taking an over all view of the matter, I feel that this is a case where leave is to be granted. Hence, leave granted. Consequently, the appeal to be numbered. CRIMINAL APPEAL NO. OF 2008 1. By a separate order passed today, leave has been granted. Hence, appeal admitted. 2. Call for R & P. (R.S. MOHITE, J.)