( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No.3567/2008 In Criminal Appeal No.690/2008 Harish Fattelalji Rathi vs Rajendra Mahadeorao Choudhary & one anor. ------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr. J.B.Kasat Adv.for applicant. Coram: A.P. Bhangale, J Dated : 28 th August, 2009 Heard. 1) Learned Advocate for the applicant stated that complainant has excellent chance of success in the appeal, as the cheque in question was issued for legally enforceable debt and it was dishonoured for “funds exceeds”. 2) Arguable case is made out. Appellant grant leave under Sec.378 (4) of Cr. P. C. Respondent No.1 and his counsel remained absent, though duly served, according to learned Advocate for the applicant. ( 2 ) Criminal Appeal No.690/2008 Notice to respondent No.1, returnable on 15/09/2009. Learned A.P.P. Mr. A. Parihar waives service for respondent No.2. Judge. Khunte