1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPA) No.939/2010 ( Atul Baburao Zulkanthiwar ..Vs.. Sudarshan N. Borikar ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. J.B. Kasat, Adv. for applicant. Mrs. R. Wasnik, Adv. for respondent. CORAM : M.N. GILANI, J. DATED : 4.7.2011. 1. Heard both sides. Perused the judgment dated 26th October 2010 delivered by the Judicial Magistrate, First Class, Chandrapur acquitting the respondent/accused of the offence punishable under section 138 of the Negotiable Instruments Act. 2. It is the case of the appellant/complainant that the respondent was in need of the amount in connection with the transaction of purchase of immovable property. Since they were having cordial relations, the complainant lent Rs.4,50,000/- and in lieu thereof the respondent issued two cheques. After they were presented to the bank concerned, they were returned with an endorsement “insufficient funds”. 3. In para 6 of the judgment learned Magistrate observed that the signatures on the cheques are not disputed by the respondent. The respondent put forth specific case that he had received only Rs.1,00,000/- and not the amount of Rs.4,50,000/- as claimed by the complainant from 2 the respondent. In para 27 learned Magistrate specified the reasons for disbelieving the appellant. According to him, the complainant lent a very big amount of Rs.4,50,000/- without verifying whether the accused/respondent was really in need of that much amount. Further, no contemporary document was got executed by the complainant. 4. The fact remains that the respondent/accused admitted his signatures on the cheques and also admitted that there was some transaction between them. That being so, arguable points are involved. Special leave to file an appeal is granted. 5. Appeal – Admit. 6. Learned counsel for the respondent accepts notice on his behalf. Therefore, action under section 390 of the Criminal Procedure Code is dispensed with. JUDGE Tambaskar.