1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 1431 of 2009 In Criminal Appeal No. 239/09 Haribhau v. The State and Sunil -------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr Anil Mardikar, Adv for applicant Mr A. Parihar, APP for R-1 Mr U.N. Vyas, Adv for R-2 Coram: A.P. Bhangale, J Dated : 17th September 2009 1. Criminal Applications No. 1432/09 and 1433/09 : Filing of English translation of judgment in Marathi is dispensed with. Applications disposed of. 2. Criminal Application No. 1431 of 2009 : It appears that cheque for Rs. 1 lakh was issued by accused towards liability the accused had incurred as a result of hand-loan from the complainant. Learned trialo court disbelieved the fact of hand-loan from the complainant. According to learned counsel for applicant, presumption in favour of complainant was not rebutted by sufficient evidence by accused. 3. Arguable case is made out. Leave granted. Appeal admitted. Call for R & P. Private paper book be filed within ten weeks after R & P is received. 2 4. Mr A. Parihar, learned Additional Public Prosecutor waives notice for respondent no.1 while Mr Vyas waives notice for respondent no. 2. Judge. hsj