1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2812 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. Date : February 18, 2010 1. Heard Shri Mukul Kulkarni, Advocate for the applicant, Shri P.M.Kulkarni,Advocate for Respondent No.1 and Shri B.V. Wagh, A.P.P. for Respondent No.2. 2. Learned Advocate for the applicant and Respondent No. 2 took me through the judgment and other record which is before this court. 3. The defence of the accused in prosecution under Section 138 of the Negotiable Instruments Act is that he had issued cheque in question to sugar factory and from sugar factroy 2 the complainant-applicant obtained the same and misused it. The copy of cheque on record shows that it was in the name of the applicant- complainant. The complainant also examined PW-3 Limbari Subhash Mitkari as witness to show that the factory had not given the said cheque to the complainant. On the other hand, there is evidence of Respondent No.1 himself on oath. 4. This, therefore, is a case wherein the matter deserves to be considered in appeal. 5. Hence, leave granted. Application disposed of. Appeal be registered. Date: 18.02.2010 (P.R.Borkar, J.) pnd/ criap2812.09