1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO.1821/2009 in CRIMINAL APPEAL NO..../2009 ( Smt.nanda w/o Dharam Nandanwar vs. Nandkishor Talakram Thaokar ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr P K Mishra, Adv. for applicant *** C ORAM : A.P. BHANGALE, J. DATED : 30 th September,2009. 1. Respondent is duly but chose to absent. 2. Learned counsel for the applicant contended that except citations which were listed in the impugned judgment, no reasons are assigned in the impugned judgment as to why the complainant failed to establish offence punishable under section 138 of the Negotiable Instruments Act. According to him, statutory presumptions are in favour of the complainant and, therefore, discussion is necessary as to whether the accused had successfully rebutted such statutory presumptions available in favour of the complainant regarding the cheque issued, presented, dishonored by non-payment, for reasons stated in the demand notice. According to learned Advocate for the applicant, no reply was given by the accused to the demand notice. Under these circumstances, I think arguable case is made out for grant of leave. Leave is granted. 2. Call R & P. The parties are put to notice that the appeal can be disposed of at the stage of admission itself. Notice before admission to respondent, returnable on 3 rd Nov.2009. JUDGE. sahare