1 Cri.Application No. 1874 of 2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1874 OF 2009 Rahuri Taluka Doctors and Chemists Urban Co-operative Credit Society Limited, Rahuri ..APPLICANT VERSUS Ramnath s/o Nivrutti Warkhade ..RESPONDENT Mr C.A. Jadhav, Advocate holding for Mr V.D. Hon for the applicant; Mr R.R. Karpe, Advocate for the respondent. CORAM : P.V. HARDAS, J. DATE : 10th December, 2010 PER COURT : This is an application by which a challenge is raised to the judgment of the Judicial Magistrate First Class, Rahuri, dated 16.3.2009 in Summary Criminal Case No.991 of 2006 acquitting the respondent for offence punishable under section 138 of the Negotiable Instruments Act. 2. The Trial Court at paragraph 19 has held that the complainant/applicant had failed to prove the statement of account and consequently that the cheque which was issued by the respondent was towards the repayment of the outstanding amount of loan. The Trial Court, therefore, considering said lacuna in the evidence of the complainant acquitted the respondent/accused. 2 Cri.Application No. 1874 of 2009 3. Learned Counsel for the applicant has urged before me that the statement of account has been referred to by the complainant's witness in the affidavit in reply which is filed on behalf of the complainant. It is further urged before me that accordingly the Trial Court has exhibited the said document at Exh.21. However, mere production of the statement of account would not be enough to establish the outstanding loan against the present respondent. The complainant was required to prove the said statement of account which the complainant has failed to prove. In that light of the matter, therefore, according to me, the view taken by the Trial Court does not suffer from any perversity and no interference is called for in the present application. The view of the Trial Court appears to be a possible view to be taken on the basis of evidence on record. In that light of the matter, this Criminal Application is dismissed. Leave refused. ( P.V. HARDAS, J.) amj/criap1874.09