1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No. 189 of 2010 IN Criminal Appeal No. of 2010 [Chandrashekar Shivprasad Shivhare Vs. Laxman Rupchand Kundnani] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. C.A. Babrekar, Adv., for the applicant-appellant. ----- CORAM : A.H. JOSHI, J. DATE : 27th April, 2010. 1. Heard. 2. Learned Trial Judge has dismissed the complaint in view of findings recorded in paras 7 and 25 of the Judgment. 3. Relevant findings are quoted below:- “7. ........................... .........However, the exact nature of the transaction and it's tenure is under dispute. In the present case at hand the accused has specifically admitted existence of liability towards him. However, he has specifically denied liability of Rs.1,00,000/-. According to the accused Rs.10,000/- is yet to be paid by him.” “25. In view of my findings on point Nos. 1 and 2 as the complainant has basically failed to prove that the accused has issued disputed cheques Ex.28 to Ex.31 for discharge of his legal liability even though, he has proved that, 2 these cheques were dishonoured for insufficient funds. ….......” 4. It is not shown that these findings are contrary to record. 5. In view of this fact, appeal has no merit, and is rejected. Judge |Hedau|