1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO. APPA 332 OF 2010. SHASHIKANT EKNATH KAKADE VS JAISING DEVSINGH JADHAV ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri Rohit Joshi, Advocate for the applicant CORAM : A.H. JOSHI, J. DATE : 24 th JUNE, 2010. 1. The complaint under Section 138 of Negotiable Instruments Act has been dismissed. The reasons which are basis of judgment are recorded in para 14 of the judgment which read as follows: “14. Thus I conclude that accused has rebutted the presumptions under section 118 and 139 of Negotiable Instrument Act by facts brought out in the cross-examination of the complainant. The complainant was not in a position to advance friendly loan of Rs.3,50,000/- to the accused. There is absolutely nothing on record to show that the amount was given to accused. The complainant has miserably failed to prove his case............” 2. Though the appeal is argued vehemently, the appellant has failed to show that the finding recorded in 2 paragraph 14 quoted above is contrary to record. 3. Appeal has no merit and is dismissed. Judge //mule//