0912appa10.10.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.10 of 2010 in Cri.Appeal No.569 of 2010. Vijaykumar Yugalkishore Rathi ..vs.. Satish Dairashilrao Wagh ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... CORAM : PRASANNA B. VARALE, J. DATED : 9 th December, 2010. Heard Mr.Abhay Sambre, learned counsel for the applicant. Mr.Sambre submitted that the learned Judicial Magistrate (F.C.), Court No.1, Chandur Railway has not appreciated the evidence in its proper perspective and ultimately arrived at an erroneous conclusion. Learned counsel invited my attention to the evidence and more particularly he has submitted that the accused in his cross- examination has accepted that he was intending to repay the amount and to settle the matter amicably between the parties. Mr.Sambre further submits that the accused has taken a somer-sault; initially he accepted that the cheque was issued for repayment of the amount and thereafter he denied about issuance of such cheque. These facts are not properly appreciated by the court below and as such learned counsel submits that this is a fit case for interference in the order of the lower court. 0912appa10.10.odt 2 In view of the submissions of the learned counsel for the applicant and the documents placed on record, leave is granted. Call R. and Ps. Put-up after receipt of R.and Ps. JUDGE chute