( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4052 OF 2009 Shri Swami Samarth Nagri Sahakari Patsanstha Limited APPLICANT VERSUS Bhagwan Kashinath Gaikwad RESPONDENT .... Mr. V.D. Hon, advocate for the applicant. Mr. Joydeep Chatterji, advocate for the respondent. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 3rd September, 2010] PER COURT : 1. This is an application seeking leave to appeal against judgement of acquittal rendered by learned Judicial Magistrate (F.C.), Pathardi whereby the respondent came to be acquitted for offence punishable under section 138 of the Negotiable Instruments Act. 2. Having heard learned counsel for the parties and on perusal of the record and proceedings, it is prima facie clear that they though the demand notice was served on the ( 2 ) respondent, yet, he did not reply the notice. The acquittal is rendered by the learned Magistrate on the ground that the due amount as on the date of issuance of cheque i.e. 14-12-2006 could be of only Rs. 20,000/- plus interest of Rs. 3377/- although the amount shown in the cheque is of Rs. 40,000/-. It appears that loan of Rs. 75,000/- was advanced to the respondent (accused) by the applicant - Credit Society. It is not that as on the date of issuance of the cheque, the liability to repay was restricted to Rs. 20,000/- plus Rs. 3377/-. The plea of the respondent was that two (2) blank cheques were obtained from him and he had signed them at the time of borrowing the loan amount. It is alleged that the cheques were misused by the applicant - Credit Society. The respondent did not produce the cheque-book and did not give details of the other cheques in order to show that the present cheque in question was issued in strange manner and there was anachronism in issuance of the cheques. Considering these aspects of the matter, leave to appeal is granted. The application is allowed. [V.R. KINGAONKAR] JUDGE NPJ/criapln4052-09 ( 3 )