1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 4496 of 2008 In Criminal Appeal No. 767 of 2008 Buldana Urban v. Nitin and anr -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr Mohta, Adv for applicant Mr V. Darne, Adv for respdt no.1. Ms T. Khade, APP for respdt no.2. Coram : A.P. Bhangale, J Dated : 15th September 2009 Learned counsel for applicant has placed reliance on ICDS Limited v. Beena and anr reported in 2002 (6) Bom.C.R. 20 (Supreme Court) to contend that in case where cheque issued by guarantor has bounced, complaint under Section 138 of the Negotiable Instruments Act is maintainable against the guarantor. Learned counsel for respondent no.1, on the other hand, has placed reliance on Krishna Janardhan Bhat v. Dattatraya reported in 2008 All MR (Cri) 1164 (SC) to contend 2 that existence of recoverable debt is not a matter of presumption, but it merely raises a presumption in favour of a holder of the cheque that the same has been issued for discharge of any debt or other liability. At any rate, arguable case is made out. Leave to appeal granted. Appeal admitted. Call for R & P. Private paper book to be filed within ten weeks. Mr Virendra Darne waives notice for respondent no.1 and Ms T. Khade waives notice for respondent no.2. Judge. hsj