( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 459 OF 2010 Shirish Abhaykumar Chakote APPLICANT VERSUS Digamber Haribhau Landge RESPONDENT .... Mr. P.N. Kalani, advocate for the applicant. Mr. P.S. Agrawal, advocate for the respondent. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 8th September, 2010] PER COURT : 1. By this application, the applicant seeks leave to appeal. 2. Heard learned counsel for the parties. 3. The respondent has been acquitted of the offence punishable under section 138 of the Negotiable Instruments Act, by the learned Judicial Magistrate (F.C.), Parbhani in Summary Case No. 1278/2006. 4. At this juncture, it is not necessary to consider the material on merits. It suffices to examine whether a ( 2 ) prima facie case is made out by the applicant to entertain the appeal. What appears from the record is that the demand notice was issued on 16th May, 2006. No reply was given to that demand notice. The defence of the respondent was that he had transactions with the applicant and while obtaining goods on credit, the applicant used to obtain blank cheques from him by way of security. The learned Judicial Magistrate held that existing liability was not duly proved and, therefore, the dishonour of the cheque would not tantamount to offence. The cheque was allegedly issued on 28th April, 2006 and was dishonoured on 3rd May, 2006. The respondent did not produce his cheque-book or counter foils in order to show that the cheque was not in the series of the cheques issued in the relevant month. 5. Considering the nature of evidence on record, the appeal deserves consideration. Hence, leave to appeal is granted. The application is allowed. Mr. P.S. Agrawal waives service for the respondent in appeal. [V.R. KINGAONKAR] JUDGE NPJ/criapln459-10 ( 3 )