2 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4441 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 15.01.2010 1. Heard Adv. Shri S.K. Shinde for the applicant. He has taken me through record, particularly the Trial Court’s judgment. First ground raised is that the Manager was not authorized to file the complaint and Court missed the fact that notice was given by the advocate and only it is the officer through which co-operative society can give instructions to the advocate and it is not that the Manager has issued notice. Secondly, so far as para 13 of the judgment is concerned, the reasons need to be re-examined in the appeal. Since the accused had invested certain amounts in F.D.Rs., it is held that the loan amount as indicated in the account extract was not due. It is something 2 on which parties will have to be heard at length in the appeal. In the circumstances, this application is allowed. Leave to file appeal is granted. The appeal be registered. [P.R. BORKAR,J.] snk/2010/JAN10/cra4441.09