1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 484 OF 2010 Raju s/o Tulsiram Chopde v. The State of Mah. & anr. ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's and Registrar's orders orders ------------------------------------------------------------------------------------------------------------------- Mr.Sudhir Malode Advocate for the Applicant. Mr. D.B.Patel, A.P.P. for Respondent no.1. Mr. V.N. Morande Advocate for Respondent no.2. ..... CORAM: A.B.CHAUDHARI, J. DATED : 21 st APRIL, _2010. Heard. In support of the application, Mr.Malode learned counsel for the applicant vehemently argued that the cheque in question was a cancelled cheque which shows manipulation. According to him the cancelled cheque was presented to the bank by the complainant and the bank of the complainant in collusion accepted the said cancelled cheque and subsequently issued memorandum showing dishonour of cheque. Per contra, Mr.Morande learned counsel for respondent no.2 states that the cheque would never have been accepted by his banker had the same been a 2 cancelled cheque. Not only that, the banker of the complainant had sent the cheque for collection of amount which was accepted by the clearing bank. Thereafter only it was communicated that the cheque was dishonoured. There appears to be mischief played by the accused in showing the cancellation of the cheque. In view of the fact that both the parties are levelling charges against each other about the mischief being played, it is not possible for this Court to find out the truth. Truth can only be found after the parties go on trial and the relevant witnesses are examined. That is a matter of evidence. Therefore, without going into that controversy, I leave it to the trial Court to decide as to who is wrong and who is correct. In the result, I find no merit in the present application and the same stands dismissed. JUDGE /TA/ 3