( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1419 OF 2010 Smt. Sitabai Digambar Shahane APPLICANT VERSUS Sow. Sheela Dilip Kadam RESPONDENT .... Mr. S.K. Shinde, advocate for the applicant. Mr. P.S. Pawar, advocate for the respondent. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 3rd September, 2010] PER COURT : 1. Heard. 2. The application is for leave to appeal against acquittal for offence punishable under section 138 of the Negotiable Instruments Act. 3. It appears that the demand notice was not replied by the respondent. It appears that the cheque was issued in respect of the liability incurred by the husband of the respondent. Defence of the respondent was that there was no financial liability to pay any amount to the complainant (applicant) and that the cheque was obtained from her under duress. It appears that she issued the cheque for and on ( 2 ) behalf of her husband because her husband was bound by the terms of agreement dated 08-02-2005, which was entered into by him with the applicant. The cheque was issued on 25-01-2008. The respondent lodged a complaint about alleged use of force against her for issuance of the cheque, after a delay of eight (8) months. What appears from the record is that her husband performed second marriage and thereafter there were disputes between the spouses. The husband had no bank account in Indian Overseas Bank. The conduct of the respondent and the fact that she did not reply the demand notice as well as the statutory presumption under section 139 of the Negotiable Instruments Act is available, together go to show that a prima facie case is made out by the applicant. Hence, the application is allowed. Leave to appeal is granted and the appeal is directed to be registered. [V.R. KINGAONKAR] JUDGE NPJ/criapln1419-10 ( 3 )