1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO: 1530/2009 in CRIMINAL APPEAL NO. 251/2009 (Ramabai Purushottam Godeswar vs. Mrs. Prema w/o Dalbahadur Mall) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr S M Ghodeswar, Adv.for applicant/appellant Mr. G M Shitut Adv. for Respondent C ORAM : A.P. BHANGALE, J. DATED : 29th August, 2009. Heard learned counsel for the respective parties. 2. It appears that the trial Court on the ground that complainant failed to prove that accused had issued cheques in discharge of legal debt/ liability appears to have acquitted the accused of offence punishable under section 138 of the Negotiable Instruments Act 1881 ( in short “the Act”) According to applicant, four separate complaints were filed in respect of four different cheques issued by the accused, out of which one complaint was withdrawn on the ground that money was received. The present complaint was in respect of three remaining cheques. Further, according to learned Advocate for the applicant, the statutory presumption available u/s 118 and 139 of the Act, were not properly appreciated in order to decide the onus of proof in the present case and, therefore,the judgment had resulted in acquittal. 3. Learned Advocate for the respondent contended that the trial Court had correctly decided the case and acquitted the respondent. Considering that the judgment appears to have been turned in favour of the accused on the ground that complainant failed to prove that cheques were issued in discharge of legal liability or legal enforceable debt, I think merits should have been considered in the light of statutory presumptions and 2 relevant provisions of the said Act. Hence arguable case is made out to grant leave. Leave is granted. 4. Admit. Call R & P. Private paper-book be supplied within a period of 10 weeks. List the Appeal for hearing after receipt of Paper- book. Mr G M Shitut, learned Advocate waives notice on behalf of Respondent. JUDGE. sahare