1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 162/2009 (SHAHID SMRUTI CREDIT CO.OPERATIVE SOCIETY LTD VS. PUNJAB SOMAJI NAGPURE) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr.A.K.Neware, Advocate, for the applicant Mr. S.S.Joshi, Advocate, for respondent. CORAM : A.P. BHANGALE, J. DATED : JANUARY 29, 2010. Heard. It appears that it was a transaction of loan between the complainant and the accused, evidenced by loan application, copy of which is annexed as Annexure- B to the memorandum of appeal. According to the learned counsel for the applicant, the learned trial Magistrate did not consider the statutory presumption available under Section 118 and 139 of Negotiable Instruments Act and committed error of law to dismiss the complaint and acquit the accused of offence punishable under Section 138 of Negotiable Instruments Act. 2 Arguable case is made out. Hence, leave to file appeal granted. Application stands disposed of. Criminal Appeal. Appeal be registered. Heard. Admit. Mr. Joshi, learned counsel waives notice for respondent. Call R & P. Private paper book be furnished within 10 weeks. To be listed for final hearing after R & P is received and Paper book is furnished. JUDGE Rvjalit.