1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO: 1036/2009 in CRIMINAL APPEAL NO. 167 /2009 (Vinodkumar Aatmaramji Modi vs. Vilas Ganpat Merugwar ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr O W Gupta, Adv .for applicant/appellant Mr. S V Bhutada Adv. for Respondent C ORAM : A.P. BHANGALE, J. DATED : 29th August, 2009. Heard learned counsel for the respective parties. 2. The applicant is seeking to challenge the judgment and order of acquittal under section 138 of the Negotiable Instruments Act 1881 ( in short “the Act of 1881”) in favour of the respondent /accused. It does appear that according to the applicant a cheque bearing No. 870286 dated 15.4.2008 drawn upon Urban Cooperative Bank Limited, Bhandara, Branch Adyaal for a sum of Rs. 1,40,000/- was issued in respect of which payment was stopped and cheque was returned to the complainant, with the memo with reason of “ refer to drawer” in respect of which demand notice was issued on 31.5.2009 which came back with endorsement ‘not claimed and hence returned to sender’. Thus, the complainant on 2.7.2008 filed complaint in the trial Court. The applicant has grievance that the trial Court did not consider the statutory presumption as also rules regarding onus of proof appropriately, in view of the provisions of the said Act of 1881 pertaining to dishnour of cheque, including statutory presumption therein. 3. Learned Advocate for the respondent opposed the application on the ground that the trial Court had considered the provisions of law in its right perspective and that applicant was not holder in due course. This again 2 is a question of statutory presumption u/s 118 of the said Act of 1881. Hence arguable case is made out to grant leave. Leave is granted. 4. Admit. Call R & P. Learned Advocate for the applicant to furnish Private paper-book within a period of 10 weeks. List the Appeal for hearing after receipt of Paper-book. Mr S V Bhutada, learned Advocate waives notice on behalf of Respondent. JUDGE. sahare