1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO. 3262/2008 in CIRMINAL APPEAL NO.634/2008 ( Ramesh Kisanrao Ingole vs. Eknath Kisanrao Thigale and another) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr O Y Kashid Adv. for applicant Mr. N B Kalwaghe, Adv. for Respondents C ORAM : A.P. BHANGALE, J. DATED : 10 th September, 2009. 1. Heard counsel for respective parties. 2. The applicant prays for grant of leave under section 378(4) of the Cr.P.C. challenging the judgment and order of acquittal of the Respondent nos. 1 and 2 for offence punishable under section 138 of the Negotiable Instruments Act. It is the grievance of the learned Advocate for the applicant that statutory presumptions in respect of transactions were not properly considered while evidence was discussed by the trial Court; in the result, erroneous conclusions were arrived at. Even, points were not framed appropriately so as to record a finding. 3. On the other hand, on behalf of the Respondents/accused,it is contended that there was admission on the part of the complainant that cheque in question was given as a security. 4. In my opinion, it would be necessary to appreciate as to whether the accused had a specific defence that the cheque was issued by way of security in the light of such defence disclosed in the course of the evidence. Admission elicited from the complainant would have importance but if such admission is an isolated admission, it may or may not be considered, in the 2 facts and circumstances of the case. Arguable case is made out for grant of leave. Leave granted. 5. Admit the Appeal No. 634/2008. Call R & P Private paper-book be furnished within 10 weeks from receipt of R & P. List the Appeal for final hearing after private paper-book is ready. JUDGE. sahare