1 CR. APPLN. 3361.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FARAD CONTINUATION SHEET No. CRIMINAL APPLICATION NO. 3361 OF 2009 (The Jalna Peoples Co-op. Bank Ltd. VERSUS State of Maharashtra and anr.) Mr. R.S. Shinde, Advocate h/f. Mr. A.S. Bajaj, Advocate for the applicant Mr. V.D. Rakh, APP for the Respondent-State Ms. Kazi Fatima, Advocate for the respondent no.2 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders P.C.:- 1] On perusal of the judgment and order of the learned J.M.F.C., Jalna in S.T.C. no. 755 of 2008, it is clear that all the aspects of the case were examined by the learned Magistrate before recording the judgment and order of acquittal of the respondent from the offence under section 138 of the Negotiable Instruments Act. The learned Judge, giving cogent reasons came to a conclusion that there was no legally enforceable debt of Rs.50,000/- on the date of issuance of the cheque. 2 CR. APPLN. 3361.2009 2] Having regard to the facts of the case, and the evidence on record, I find no error on the part of the learned Judicial Magistrate First Class. The Application, should therefore fail. The Criminal Application stands dismissed. Sd/- DT. : 17.03.2010 (A.V. NIRGUDE, J.) arp