IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 3651 of 2008 In Criminal Appeal No. 713 of 2008 Dr Kiran v. Prakash ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr P.A. Kadu, Adv for appellant Mr A.H. Laddhad, Adv for respondent Coram : A.P. Bhangale, J Dated : 8th February 2010 Heard learned counsel for appellant and learned counsel for respondent. According to learned counsel for appellant, in the earlier case, there was compromise agreement between the complainant and accused in which in clear terms, it was admitted that the accused had issued cheque bearing number 094172 dated 4.1.2005 for a sum of Rs. 4 lacs. Thereafter the transaction in question had taken place in consideration of which the cheque for Rs. 12 lacs was issued. It is also contended that statutory presumptions available under Sections 118 and 139 of the Act were not properly considered by learned trial Magistrate while according to learned counsel for the accused, complainant had no capacity to part with huge sum of Rs. 12 lacs. Be that as it may, leave to file appeal deserves to be granted. Accordingly, leave to file appeal granted. Appeal admitted. Call for R &P. Private paper book be filed within ten weeks after R & P is received. Mr Laddhad, learned counsel waives notice for respondent/accused. Judge. Hsj