appln1005­6­8­10 of 10.sxw jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1005 OF 2010 WITH CRIMINAL APPLICATION NO. 1006 OF 2010 WITH CRIMINAL APPLICATION NO. 1007 OF 2010 WITH CRIMINAL APPLICATION NO. 1008 OF 2010 WITH CRIMINAL APPLICATION NO. 1009 OF 2010 WITH CRIMINAL APPLICATION NO. 1010 OF 2010 WITH CRIMINAL APPLICATION NO. 1011 OF 2010 WITH CRIMINAL APPLICATION NO. 1012 OF 2010 Shri Sangli District Mahila Vikas Co-operative Credit Society .. Applicant Versus Usha Bhupal Ghate and another .. Respondents Mr. Haribhan Deshinge i/by Mr. vijay Killedar for the Applicant Mr. Y. S.Shidne, APP for the State CORAM : J.H. BHATIA, J. DATE : 13th September, 2011. P.C.: 1. Heard learned counsel appearing for the parties. 2. These applications are filed by the applicant-Society who is original complainant in all the matters, seeking leave to prefer appeal against the acquittal under section 138 of the Negotiable Instruments Act. 3. Respondent No.1- Usha Ghate was accused in each of the 1 appln1005­6­8­10 of 10.sxw cases. According to the applicant-Society, Usha Ghate had issued cheques in favour of the Applicant-Society for payments of dues to the society, but these cheqeus were dishonoured on presentation. In spite of service of notice, the respondent No.1 failed to make the payment within statutory period. The learned trial Judge noted that as per the evidence on record, within the local jurisdiction of the complainant society, several self-help groups of women were formed. Each group forming ten members was identified by group name and loan or cash credit facility would be given to that group and the loan agreement was required to be executed by the group and each member of the group was required to sign that loan agreement, taking responsibility for repayment of the loan. The group would identify one of the 10 members as group leader and the loan amount would be advanced by issuing cheque in the name of that group leader. The group leader as well as one more person would act as guarantor for repayment of the loan amount. 4. Admittedly, in none of the cases, respondent No.1- accused was member of any of the groups. She was not the beneficiary of the loan taken by any of the groups. She had not signed any of the loan agreements. She was not identified as group leader by any of the groups. The cheques were not issued by the complainant-Society in the name of or in favour of the respondent no.1 accused while advancing the loan. The loan amount was given in the name of the groups and some of the 2 appln1005­6­8­10 of 10.sxw members used to make repayments from time to time. No document was produced before the trial Court to show that the respondent-accused was guarantor for any of the loans. The trial Court noted that the signatures of the accused on the respective cheques are in thick blue colour while the other contents are in different writing and with different pen. It is the contention of the Respondent-accused that her signatures were obtained on blank cheques and the cheques were misused by the complainant society, latter on. In view of the material, the leaned trial Judge found that the complainant had failed to prove that the accused had issued the cheques in discharge of any legally enforceable liability and in the result, she was acquitted in each of the complaint. 5. In view of the material noted above, it is impossible to find fault with the approach of the trial Court and the order. 6. Therefore, leave to prefer appeal against the acquittal is refused and all the applications stand rejected. ( J.H. BHATIA, J. ) 3