1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR Criminal Application (APPA) No.244/2011 ( Nagpur Cooperative Housing Society Ltd., through its authorized Officer .. V/s.. Shri Ganesh Traders, through Proprietor & another ) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Mr. A.S. Joshi, Adv. for applicant. CORAM: M. N. GILANI, J. DATED: 17/6/2011. Heard learned counsel for the applicant. The judgment and order passed by the learned Judicial Magistrate, First Class, Nagpur is being assailed in this appeal with a prayer that leave to file appeal, as required under section 378 (4) of the Criminal Procedure Code, be granted. Perused the judgment impugned in this appeal. On 30th of October 2010, the respondent had issued a cheque of Rs.15,900/- in favour of the applicant, which is a cooperative housing society. On presentation of the same to the concerned bank, it was returned with an endorsement “account closed”. The defence put forth by the respondent was that the cheque was issued by way of security and he had refunded the entire amount due from him. It seems that learned Magistrate undertook the exercise of examining the books of account maintained by the applicant, found fault with the same and 2 ultimately held that the applicant has not satisfactorily proved its case. Arguable points are involved. In this view of the matter, leave, as prayed for, is granted. Admit. Action under section 390 of the Criminal Procedure Code. Bailable warrant in the sum of Rs.3,000/- (Rs. Three Thousand Only). Returnable after wight weeks. JUDGE Tambaskar.