1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO.13 OF 2011 (GAUTAM HIRAMAN DHARGAVE //VS// NARENDRA LAXMANRAOJI HARDE & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. C.F.Bhagwani, Advocate for Applicant. Mr. Nitin Bhisekar, Advocate for Respondent No.1. Mr. A.M.Joshi, A.P.P. for Respondent No.2. CORAM : M.N.GILANI, J. DATE : NOVEMBER 24, 2011. The applicant is original complainant, who filed criminal complaint under Section 138 of the Negotiable Instruments Act registered as Summary Criminal Case No.3368 of 2009 before Judicial Magistrate First Class, Nagpur. Vide order dated 29.10.2010 the learned Magistrate acquitted the respondent/ accused. This decision is impugned in this appeal and for that leave is being sought. Heard learned counsel for the appellant and the learned counsel for the respondent/ accused. Perused the judgment impugned. The learned Magistrate, after appreciating the evidence on record, held that the appellant/ complainant proved that the accused had issued cheque and it was dishonoured for insufficient funds and despite the notice issued to the respondent/ accused he did not repay the amount. With the assistance of both the learned counsel the deposition of complainant is perused. Complainant's inability to state as to from where the amount was brought for lending it to the accused or what was the source of fund may not be relevant in deciding the issue involved under Section 138 of the Negotiable Instruments Act. 2 According to this Court, arguable points are involved. Hence, leave, as prayed for, is granted. ADMIT Action under Section 390 of Cr.P.C. JUDGE RR..