IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [APPA] No. 218 of 2011 (Harbanslal S/o. Charandas Kshatriya Vs. Surendra Kumar Phirayalal Juneja and another) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Yogesh Nayyar, Advocate for the applicant. Mr. A.M. Joshi, APP for the State/non-applicant no.2. CORAM : M.N. GILANI, J. DATE : 15 th NOVEMBER, 2011. Heard. 2] The appellant-original complainant in Summary Criminal Complaint No. 16527/2006 is seeking leave to file an appeal against the order of acquittal dated 23/12/2010 passed by learned 7th Judicial Magistrate First Class, Nagpur, thereby acquitting respondent no. 2- accused. 3] After appreciating the evidence, learned Magistrate held that the accused had delivered cheque of the amount of Rs.2,75,000/- to the complainant. It was further held that the cheque was signed by the accused and on presentation to the bank, it was dishonoured. However, on the point of existing liability, learned Magistrate held that on the date when the cheque was issued, the claim of the complainant was time barred. 4] Perusal of paragraph no. 11 of the impugned judgment reveals that the last payment was received by the accused on 19/08/2003, whereas the cheque is dated 26/06/2006. That being so, issue of cheque was within three years of the last transaction. It seems that learned Magistrate has not dealt with this issue. Arguable points are involved. The application is allowed. Cri. Appeal No. ____/2011: Heard. Admit Action under Section 390 of the Code of Criminal Procedure. Issue bailable warrant against the respondent no.1 in the sum of Rs.3,000/- (Rupees Three Thousand Only), returnable after eight weeks. JUDGE *Sdw