1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Appeal No. 411 of 2009 [Sunil Biharilal Jaiswal Vs. Atul Shah] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. P.D. Randive, Adv., for the appellant. Mr. N. Mohana Sundaram, Adv., for respondent sole. ----- CORAM : A.H. JOSHI, J. DATE : 29th March, 2010. 1. Heard learned Adv. Mr. P.D. Randive for the appellant and learned Adv. Mr. P. N. Mohana Sundaram for sole respondent. 2. The complaint under Section 138 of the Negotiable Instruments Act has been dismissed. The complainant is, therefore, before this Court. 3. Paras 16 and 17 of the Judgment of Trial Court sum up the findings that the accused has raised the probable defence and complainant has suppressed important material from the Court, resulting into giving of a benefit of doubt to the accused. 2 4. These findings contained in paras 16 to 19 have not been disputed to be incorrect on fact, but are disputed only on plurality of opinions, which is not available in a criminal case. 5. The Judgment under appeal is not shown to be perverse, or rendered contrary to record. 6. In the result, no indulgence is called for. 7. Appeal has, therefore, no merit, and is dismissed. Judge |Hedau| 3