(1) Cri. Application No. 2078 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 2078 of 2011 The Aurangabad People's Cooperative Bank Ltd., Aurangabad, Through its Authorised Officer, Shri Radhakisan Rustum Pawar, Age : 51 years, .. Applicant Occupation : Service, (Original R/o. Begumpura, Aurangabad. complainant) versus Ramkumar Kisanlal Dongre, Age : Major, Occupation : Agriculture, .. Respondent R/o. H.No. 1-5-51, (Original Begumpura, Aurangabad. accused) ....................... Mr. Virendra Kale, Advocate, for the applicant. Respondent absent, although served. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 17TH NOVEMBER 2011 (2) Cri. Application No. 2078 of 2011 COURT'S ORDER : 1. Heard learned Counsel for the applicant. Respondent absent, although served. 2. Perused the record and proceedings with the assistance of the learned Counsel for the applicant. 3. This is an application preferred by the applicant (original complainant), seeking leave to file appeal against the order of acquittal, dated 11th October 2010, recorded by the learned Judicial Magistrate (F.C.) (Court No.2), Aurangabad, in Summary Criminal Case No. 8642/2004, thereby acquitting the respondent (original accused) for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 4. Considering the finding given by the learned trial court, in respect of Point No.1, regarding issuance of cheque in question by the accused, towards legally enforceable debt, in the negative, and further, considering the very cheque in question (Exhibit 23), it appears that the matter requires re-consideration. 5. Hence, present Application is allowed and leave to file appeal is granted. Present Application be treated as Criminal Appeal. (3) Cri. Application No. 2078 of 2011 6. Admit. 7. Action under Section 390 of the Code of Criminal Procedure, 1973, to follow. 8. Record and proceedings be sent back to the concerned court. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka2078