IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPA) No.866/2010 ( Shri Yogendra S/o Mohansingh ..Vs.. M/s. Union Sales Overseas, through its Partner and others ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Kothari, Adv. for applicant. CORAM : M.N. GILANI, J. DATED : 20.6.2011. Heard learned counsel for the applicant. Perused the judgment rendered by the Judicial Magistrate, First Class, Nagpur in Summary Criminal Case No.17767/2006, dated 5/10/2010. In para 9 of the judgment, learned Magistrate has observed that “it is not denied by the accused cheque in question was drawn from his account and his signature on cheque is also not denied by the accused. As the signature on the cheque is admitted to be that of the accused, the presumption envisaged in Section 118 of the Negotiable Instruments Act can legally be inferred that the cheque was made or drawn for consideration on the date which the cheque bear.” Further, learned Magistrate answered the points that the cheque was dishonoured for 'insufficient funds' and that the mandatory notice was served upon the accused, in affirmative. Arguable points are involved. Leave, as prayed for, is granted. Appeal : Admit. Action under section 390 of the Criminal Procedure Code. Bailable warrant in the sum of Rs.3,000/- (Rs. Three Thousand Only). Returnable after eight weeks. JUDGE Tambaskar.