1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4201 OF 2008 AND CRIMINAL APPLICATION NO.4203 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 Pandurang Ramchandra Ghorpade .. Applicant V/s. Vijay Gopala Lohar & Anr. .. Respondents Mr.Dilip Bodake for the applicant. Mr.Pratap Patil for Respondent No.1. Mr.D.P.Adsule, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : JULY, 3rd , 2009. P.C. Heard rival submissions for some time. 2. These are the applications for leave to file appeals against respective orders of J.M.F.D. Karad acquitting the same Respondent accused in both the cases. It is a matter of dishonour of two different cheques of Rs.25,000/- each. Reportedly, said cheques were given by Respondent accused to the complainant in repayment of the loan totally 2 Rs.50,000/- taken by him. On perusal of the record and copy of the impugned Judgment, it appears that giving of the cheques and liability of the Respondents to pay the amount of dishonour cheque in each matter has been accepted by the Court, however, the court was influenced by some mentioning in the demand notice as to demand of entire loan amount given to the accused. Finding such fact in the demand notice, it appears that the trial Court had dismissed both the complaints, thus acquitting the accused. 3. On perusal of such notice, it is similar in both the matters, it appears that there was specific mentioning of dishonour of individual cheques and giving intimation to the accused that unless the amounts are paid there would be filing of complaint under section 138 of Negotiable Instruments Act. 4. Considering the above factual position, in the opinion of this Court, there is a triable issue in both the matters, hence, both the leave petitions are allowed. Both the appeals are admitted. 5. Call for R & P, if earlier not called. 6. With these directions, the leave petitions are accordingly disposed of. (A.R. JOSHI, J.) 3