1 HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR . CRIMINAL APPLICATION NO.348 OF 2010& CRIMINAL APPLICATION NO.3072/2009. SHRI SWAPNIL JAGATRAO BADGUJAR VS STATE OF MAHARASHTRA AND ONE ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri N. B. Raut, Advocate for applicant. Shri D. B. Yengal, APP for State. Coram : A.H. JOSHI, J. Date : 26th April, 2010. 1. Heard at length. 2. The judgment impugned is based on the finding recorded in paragraph no.21 which reads as follows: “21. In the case in hand also, admittedly the amount was deposited on 29-05-1998, The disputed cheque Exh.36 was issued on 20-09-2005. In the mean time there is no acknowledgment in writing about the existing debt or liability. Hence, apparently the disputed cheque, Exh.36 is issued in discharge of a time barred debt which is not legally enforceable. [Quoted from page no.23 & 24 of the application paper book] 2 3. It is not shown that there existed a written promise to pay time barred debt. 4. In this situation, the finding is based on facts proved. No indulgence is called for. 5. Criminal Application and appeal is dismissed. Judge |mule|