1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO. 299 OF 2011 ( Savitaben Chhanabhai Shah & Ano. Vs. M/s Sona Oil Mill & 3 Ors.) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri S. R. Deshpande Adv for applicant. CORAM: M. N. GILANI J. DATED: 5th JULY, 2011. . The applicant is a complainant in Summary Criminal Case No. 12022 of 2006. The respondent no.1 is a partnership firm and respondents 2 and 3 are its partners. Loan of Rs. 7,00,000/- was obtained by the respondents. For that they issued two cheques, one in the sum of Rs. 4,00,000/- and other in the sum of Rs. 3,00,000/-. Both the cheques were dishonoured. Criminal case No. 12021 of 2006 is relating to bouncing of Cheque No. 257989 for Rs. 3,00,000/-. Perused the judgment dated 05.02.2011 passed by learned Judicial Magistrate First Class Nagpur. Although two 2 witnesses were examined, learned Magistrate mainly referred to the evidence of the complainant. It is observed that the cheques which were issued were not signed by either of the partners but by one Chandrakantbhai who is not an accused. Learned counsel for the applicant showed me the xerox copies of the cheques. Cheques are signed by the partners for the firm M/s Sona Oil Mill. It is pertinent to note that cheque was not dishonored for the reason that signature did not tally. It was dishonored for the reason that funds were insufficient in the account of the respondent. That means the cheque was signed by the partners of the firm and not by any stranger. Thus the arguable points are involved. Leave as prayed for is granted. APPEAL: Admit. Action under Section 390 Criminal Procedure Code. Bailable warrant in the sum of Rs. 3000/- be issued returnable in eight weeks. JUDGE svk 3 From the date of taking charge i.e. from 17.03.2011 till 06.05.2011 His Lordship Hon'ble Shri Justice M.N. Gilani was sitting at High Court Bombay.