1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.2265 of 2008 In Cri.Appeal St.No.508/2008. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. Another companion matter of similar nature is already admitted. The acquittal rendered by the learned Judicial Magistrate for offence U/s 138 of the N.I. Act, appears to be based on the finding that the defence regarding loss of cheque in the year 1990, has been proved. The existence of the legal liability as alleged by the complainant/appellant is required to be considered in the light of evidence tendered by the parties and in view of presumption U/s 139 of the N.I.Act. The case of the appellant was that there was an agreement between himself and the husband of the Respondent regarding a godown and the rent was due till 30.4.1999 from her husband and other family members. The cheque was purportedly issued by the Respondent in the discharge of such liability pertaining to arrears of the rent. Considering the reasons ascribed by the learned Judicial Magistrate, it is desirable to have a fresh look to the matter. Hence, leave to appeal is granted. 3. Admit. 4. Call R & P. 5. The appellant to furnish private paper book within ten (10) weeks. (V.R.KINGAONKAR,J.) Dt.08.09.2009. asp/office/Crapp2265.08