IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.3851/08 IN CRIMINAL APPEAL NO.739/08 [SHAIKH BASHIR BAHADAR ..VS.. SMT. SADHANABAI ROBERT] AND CRIMINAL APPLICATION NO.3853/2008 IN CRIMINAL APPEAL NO.740/08 [SHAIKH BASHIR BAHADUR ..VS.. SMT. SADHANABAI ROBERT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 8TH JUNE, 2009 Heard Shri Ahmed, advocate for the applicant. None present for the respondent, though served. It is submitted by the learned counsel for the applicant that the amount of Rs.50000/- for which the impugned cheque was issued was for returning of the amount which was paid by the complainant towards purchase of the immovable property and that amount was sought to be returned by said cheque in question. Further it is submitted that all the ingredients which are required to be satisfied before holding accused guilty under section 138 of Negotiable Instruments Act have been satisfied, therefore, the respondent has been wrongly acquitted. In these circumstances, as there is no contest, leave to appeal is granted. Application stands disposed of. 0 0 0 APPEAL NO.739 OF 2009 / 740 OF 2009. Heard counsel for the appellant. None present for the appellant. Respondent is served on the application for leave to appeal. Arguable points are raised. Admit. Call R & P. To be listed in due course, after the respondent is served on merits. JUDGE SMP