IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 691 OF 2008 CRIMINAL APPLICATION NO. 691 OF 2008 CRIMINAL APPLICATION NO. 691 OF 2008 Roopi Co-op. Bank Ltd..... Applicant versus Mulchand Megharaj Chugani & anr....... Respondent. Shri R.D.Sohani for the applicant Shri R.M. Pathan for Respondent no.1. Shri Y.S. Shinde APP for State. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. DATED; 13TH MARCH, 2008 DATED; 13TH MARCH, 2008 DATED; 13TH MARCH, 2008 P.C.; P.C.; P.C.; 1. The applicant is a Co-operative Bank. The respondent had availed cash credit facility and as the respondent did not repay the amount, proceedings were taken up by the applicant bank under section 101 of the Co-operative Societies act. The Deputy Registrar issued the certificate in a given sum of amount. The revision preferred by the respondent came to be dismissed. Thereafter the respondent issued a cheque for a sum of Rs.3,25,000/- being payment of part of the amount covered by the certificate. Said cheque on its deposit, came to be dishounoured and hence proceedings under section 138 of N.I.Act came to be initiated. The trial court has acquitted the respondent/accused and dismissed the complaint by holding that the complainant has failed to establish that there was any existing liability for the recovery of which, the cheque in question was issued. Primafacie the very existence of the certificate issued under section 101 is quite enough to establish that there did exist a legally recoverable debt by the bank from the accused. The appeal against acquittal requires consideration. Hencee special leave to file the appeal is granted. Criminal application is didposed of. .....