1 cri appln 1392.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1392 OF 2010 Arjun S/o Nimba Shinde .. Applicant Versus Meghavini W/o Sanjay Bedse .. Respondent Shri S. S. Londhe, Advocate h/f Shri N. N. Desle, Advocate for the Applicant. Shri A. D. Pawar, Advocate for the Respondent. CORAM : S. S. SHINDE, J. DATE : 24TH FEBRUARY, 2011. PER COURT : . Heard learned counsel appearing for the applicant and learned counsel appearing for the respondent. Perused the original record and also the impugned judgment and order passed by the Trial Court. The Trial Court has perused the intimation received from the bank and also counter foil which is placed on record by the applicant and original cheque returned back by the bank. On perusal of these three documents the Trial 2 cri appln 1392.10 Court found cheque No. 624423, however, intimation received from the bank shows the cheque No. 624429. The counter foil which is placed on record by the applicant also shows the cheque No. 624429. In that view of that matter, the Trial Court found that the documents placed on record by the applicant are not genuine. That apart, the Trial Court has considered the case on merits and found that, there is no agreement as such between the parties that cheque amount of Rs. 1,10,000/- is legally enforceable debt from the respondent by the applicant. That apart, the economical position of the applicant has been considered by the Court. The Court also found some interpolations and corrections of the dates on the notice issued by the advocate to the respondent. 2. Therefore, taking into consideration entire evidence on record, in my opinion, the Trial Court has taken the correct view. It is not possible to infere from any other circumstances about the cheque number when original intimation received from the bank and original counter foil placed on record which shows different cheque number than the actual cheque number. Therefore, for all these reasons, the application is devoid of merits and same stands rejected. The application stands disposed of. The original 3 cri appln 1392.10 record and proceedings be sent back to the concerned Court forthwith. [S. S. SHINDE, J.] bsb/Feb. 11