1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [APPA] No. 449 of 2011 (Bhandara Urban Co-operative Bank Limited Vs. Gopal Kanhaji Hingne and another) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. D.P. Jaiswal, Advocate for the applicant. Mr. S.M. Bhagde, APP for the State/non-applicant no.2. CORAM : M. N. GILANI, J. DATE : 26 th JULY, 2011. Heard learned counsel for the applicant. Perused the judgment and order of acquittal, dated 24/11/2010, passed by the learned Judicial Magistrate First Class, Nagpur, in Summary Criminal Complaint No. 7198/2009. Mainly two issues weighed with the learned Magistrate in dismissing the complaint. Firstly, the learned Magistrate was of the view that the complaint was not by the authorized person as provided under Section 142 of the Negotiable Instruments Act. The fact remains that on 24/06/2009, that means during pendency of the complaint, Ramesh Meshram, who had signed the complaint, was authorized to file the complaint. Ramesh Meshram was not a stranger but the Branch Manager of appellant bank. The 2 next flaw according to the learned Magistrate is that there was no resolution passed by the bank to advance loan to the respondent no. 1. This conclusion was drawn despite observing paragraph nos. 10 and 11 of the judgment that the respondent no. 1 had issued a cheque as well as produced the documents like promissory note, agreement, statement of accounts etc. In paragraph no. 11 of the judgment, the learned Magistrate observed that the respondent no. 1 did not examine himself nor examined any witness in his defence. In that light of the matter and in view of the provision of Section 139 of the Negotiable Instruments Act, there appears substance in this appeal. Hence, leave to file appeal, as prayed for, is granted. Admit. Action under Section 390 of the Code of Criminal Procedure. Bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand Only) returnable after eight weeks, be issued against the respondent no. 1. JUDGE *sdw