( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3162 OF 2005 Dhanvarsha Urban Credit Cooperative Society Limited APPLICANT VERSUS Ramchandra Pannalal Rathi RESPONDENT ..... Mr. N.B. Suryawanshi, advocate for the applicant. Mr. Pawan B. Pawar, advocate holding for Mr. M.M. Bhokarikar, advocate for the respondent. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 1st September, 2009] PER COURT : 1. Heard. 2. The application is for leave to appeal. 3. The applicant filed private complaint case vide S.C.C. No. 315/1999 for offence punishable under section 138 of the Negotiable Instruments Act. The applicant/appellant is a Credit Cooperative Society. The learned Judicial Magistrate held that issuance of the cheque and existence of legal liability to pay any debt have not been proved. It appears, however, that during ( 2 ) course of judgement, the finding on first point is recorded in the affirmative. The learned Judicial Magistrate held that the service of demand notice was not duly proved. Having regard to the contentions raised in the appeal memo and the copy of the application given by the respondent, it appears that he adopted defence to the effect that he had issued two (2) blank cheques bearing No. 226705 and 226706. He requested that those cheques be not put up for encashment. Considering the nature of controversy and the manner in which the evidence of the complainant/appellant is analysed, I deem it proper to hold that the appellant has made out the prima facie case so as to grant leave to appeal. Accordingly, the leave to appeal is granted. The application is allowed. 4. Admit the appeal. 5. The appellant to furnish private paper book within ten (10) weeks. [ V.R. KINGAONKAR ] JUDGE NPJ/criapln3162-05