-:1:- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 423 OF 2008 APPLICATION NO. 423 OF 2008 APPLICATION NO. 423 OF 2008 WITH WITH WITH CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 2536 OF 2008 APPLICATION NO. 2536 OF 2008 APPLICATION NO. 2536 OF 2008 Nashik Road Deolali Vyapari Sahakari Bank Ltd., Nashik Road. ... Applicant. V/s. Shri Shivcharan Baburao Kale & Anr. ... Respondents. Mr. Kishor Patil i/b. P.N. Joshi for the Applicant. Mrs. A.A. Mane, A.P.P. for the State. CORAM CORAM CORAM : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. DATE DATE DATE : 07TH AUGUST 2008. : 07TH AUGUST 2008. : 07TH AUGUST 2008. P.C. P.C. P.C. : : : . Heard learned Counsel. 2. There is delay of 8 days in seeking leave to appeal for the reasons assigned in the application, the complainant being a co-operative bank, and the procedural aspects took time, the delay of 8 days is condoned. 3. The complainant - Co-operative Bank had advanced loan of Rs.2,50,000/- to Sakhubai Baburao Kale for the purposes of her joint family and since said Sakhubai Kale remain in arrears, proceedings by way of dispute No.ABN 517/2001 was initiated, followed by issuance of recovery certificate, with award was passed. The Respondent No.1 being the son of the -:2:- original borrower issued cheque of Rs.25,000/- on 17.3.2003 and on presentation, the said cheque came to be dishonoured. The learned Judge recorded that there was no existing liability between the Accused and the Bank. The complainant all throughout came with the case that whatever finance was made to Smt. Sakhubai Kale was for the purposes of joint family. 4. Hence, leave to appeal granted. Admit Appeal. (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.)