1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.4008 of 2007 In Cri.Appeal St.No.791 of 2007. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. Mr.Tungar, learned advocate for the Respondent seeks time. Request rejected. 3. The issuance of cheque in question by the Respondent (accused) was disputed by him. According to the applicant, the Respondent obtained money from him from time to time and ultimately issued cheque for repayment of Rs. 3,21,000/- (Rupees three lacs twenty one thousand) which was found due. The cheque dated 25.7.2005 was submitted to the Bank for encashment. It was dishonoured due to insufficiency of funds at the credit of the Respondent. He served a demand notice which was sent by R.P.A.D. as well as U.P.C. The R.P.A.D. notice was not accepted and returned as the same was not claimed, yet, the alternate service by U.P.C. was asserted and proved. The Respondent did not comply with the notice nor replied the same. The trial Court seems to have acquitted the Respondent on the ground that there was no receipt regarding payment nor there was any agreement separately brought about. The trial Court also noticed that oral accounts showing payments made from time to time also had not been produced. The learned Judicial Magistrate further held that the Respondent had denied his signature on the cheque and, therefore, it was necessary for the applicant to prove the execution of the cheque. Mere denial of signature would not have been considered as a material circumstance. The appeal deserves consideration in view of the nature of reasons ascribed by the learned Magistrate and particularly when the presumption U/s 139 of the N.I.Act is not satisfactorily shown to have been rebutted. Consequently, leave to appeal is granted. 4. Admit. 5. Print dispensed with. 6. The appellant to furnish private paper book within ten (10) weeks after the R & P is received. 7. Call R & P. 8. Mr.Tungar, learned advocate waives service for the Respondent. (V.R.KINGAONKAR,J.) Dt.06.10.2009. asp/office/Crapp4008.07