crapln2572.10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINALAPPLICATION NO.2572 OF 2010 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard learned Counsel for the applicant and learned Counsel for Respondent. 2 The Counsel for the applicant invited my attention to various paragraphs from the impugned judgment and submitted that perverse findings are recorded by the trial Court. He submits that the Bank Manager and also other witnesses were examined. However, the trial Court has reached to the erroneous conclusion and rejected the complaint. 3 On the other hand, learned Counsel for respondent invited my attention to paragraphs 46 and 50 of the impugned judgment and crapln2572.10 2 submitted that no documents were placed on record by the complainant to prove its case and, therefore, the trial Court is correct in reaching to the conclusion that in absence of any documentary proof on record to show that loan was advanced to the respondent, no any legally recoverable debt was due from the respondent. 4 Upon hearing the Counsel for the parties and reading the findings recorded by the trial Court and more particularly, para 38 of the judgment, I am, prima facie, of the opinion that the observations of the trial Court in para 38 of the judgment are contrary to the observations in the judgment of the larger Bench of Hon’ble the Supreme Court in case of Rangappa vs. Sri Mohan, reported in (2011) 1 SCC (Cri) 184. Therefore, this matter requires consideration. 5 Hence, leave to file appeal is granted. Application allowed accordingly and disposed of. crapln2572.10 3 Registry to register the appeal. 6 Appeal admitted. Counsel for respondent waives service on admission of appeal. (S.S. SHINDE, J.) 09.02.2011. PLK/*