( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3735 OF 2007 IN CRIMINAL APPEAL NO. 215 OF 2010 Mahesh Nagari Cooperative Credit Society Limited APPLICANT VERSUS Balasaheb Baburao Shinde RESPONDENT .... Mr. R.F. Totala, advocate for the applicant. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 31st August, 2010] PER COURT : 1. Heard learned counsel. 2. The application is for grant of leave to appeal against order of acquittal, rendered in S.T.C. No. 308/2005 for offence punishable under section 138 of the Negotiable Instruments Act. 3. None appears for the respondent. The respondent is employee of Premier Industries. The cheque was allegedly issued towards re-payment of the loan granted to the respondent. The defence of the respondent was that he was not paid salary from April, 2004 and was being pressurized to ( 2 ) tender resignation. He tendered resignation because he was assured payment of lumpsum to the tune of Rs. 2,75,000/-. Considering the probability of the defence being true, the acquittal is rendered. 4. It is worthy to be noted that the transaction of loan is not in dispute. The matter requires thorough consideration in view of the specific defence raised by the respondent. The fact that the cheque issued by the respondent was dishonoured is not in dispute. Under these circumstances, it needs to be examined whether the respondent duly discharged burden of proof to prove the defence raised by him. Consequently, leave to appeal is granted. The application is allowed. [V.R. KINGAONKAR] JUDGE NPJ/criapln3735-07