1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No.3489 of 2009 [Manmohan Kisanlal Laddha Vs. Rajendra Daulatrao Umbarkar] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mrs. S.W. Deshpande, Adv., for appellant. Mr. D.A. Mahajan, Adv., for the respondent. ----- CORAM : A.H. JOSHI, J. DATE : 17th June, 2010. 1. Heard. 2. The learned Judicial Magistrate First Class has ordered acquittal. In this appeal, the order of acquittal is challenged. 3. The learned Judicial Magistrate has observed that it was the duty of the complainant to prove that there existed a debt recoverable from the accused to the tune of Rs.2,26,147/-. Due to the said failure, the learned Magistrate found that it was not possible to convict the accused. 4. Before this Court also, it is not shown as to how the complainant was entitled to recover the amount – subject-matter of cheque towards an existing debt. 2 5. Learned Adv., for the appellant has tried to rely on certain admissions contained in the cross-examination. 6. This Court was taken through entire cross-examination. However, no sentence, which can be called admission of liability is found. 7. The Judgment and order of acquittal is, thus, seen to be based on sound reasons. It is not shown that any evidence or material on record is not considered by the learned Magistrate. 8. In the result, appeal has no merit, and is rejected. Judge |Hedau|