1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [APPA] No. 32 of 2011 (Vishaldeep Sugars Limited Vs. Bhagaji Govindrao Jaybhaye) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. R.N. Ghuge, Advocate for the applicant Mr. P. B. Patil, Advocate for the non-applicant. CORAM : M.N. GILANI, J. DATE : 29 th JUNE, 2011. Heard. The applicant, who was the original complainant in Summary Criminal Complaint No. 1417/2005 on the file of Judicial Magistrate First Class, Court No. Buldhana, is seeking leave to file an appeal against the order of acquittal dated 25th November, 2010 passed by learned Judicial Magistrate First Class, Buldhana. Applicant is a Sugar factory, whereas the respondent/accused is a contractor, who undertakes contract of cutting the sugarcane crops. As per the practice, Rs. 80,000/- were lent. Learned Magistrate in para no. 25 has laid emphasis on inability of the applicant to produce the documents showing that there was contract of cutting sugarcane between the applicant and the respondent/ accused. Learned counsel for the respondent also took me through the deposition of witnesses recorded in this case. 2 The fact remains that the cheque was issued by the respondent. Therefore, in paragraph no. 20 learned Magistrate observed that, "Hence the defence of accused as to handing over of blank cheques to the complainant factory at the time of advancing the loan for growing of sugar cane is acceptable". Therefore, the statutory presumption is in favour of the applicant. Thus arguable points are involved. Special leave to file an appeal, as prayed for, is granted. Learned counsel for respondent accepts notice on behalf of respondent. Hence, action under Section 390 of the Code of Criminal Procedure is dispensed with. JUDGE *Sdw