IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO. 98 OF 2009 IN STAMP NUMBER MAIN NO. 188 OF 2009 SHREE KALIKA URBAN CO.OP CREDIT SOCIETY LIMITED THROUGH BRANCH MANAGER SANJEEV NAGVEKAR ... Applicant Versus SHRI. RAVINDRA MOHAN MHAMAL AND ANR., ... Respondents Mr. D. J. Pangam,Advocate for the applicant. Mr. C. A. Ferreira, Public Prosecutor for the respondent No.2. Coram:- U. D. SALVI, J. Date:- 7th June, 2010 P.C. Heard. Perused. It was the case of the appellant/ the original complainant that the cheque in question was issued by the respondent No.1 Ravindra Mhamal as the surety for the loan given by the bank to one Mr. Alex Fernandes. However, the complaint under Section 138 of N.I. Act was dismissed by the Trial Court for the reason that there is no record or document produced by the complainant to show that the cheque was given in repayment of any particular loan of particular amount. 2. From the cross-examination of the complainant, it has been pointed out that the respondent No.1/ accused did not dispute the status as a surety to the loan and in fact proceeded to suggest that the society had no powers to accept the cheque from the surety and the surety cannot be liable for the offence under Section 138 of N.I. Act. 3. Reason for acquittal of the respondent No.1/ accused is questionable proposition. Leave granted to present the appeal. The application stands disposed of. U. D. SALVI, J. SMA