IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO. 152 OF 2009 IN STAMP NUMBER MAIN NO. 1239 OF 2009 THE BICHOLIM URABN CO-OPERATIVE BANK LTD THROUGH BRANCH MANAGER TUSHAR PANANDIKAR ... Applicant Versus MRS. ANIJA C. GOES ... Respondent Shri S. G. Bhobe, Advocate for the Applicant. Ms. Caroline Collaco, Advocate for the Respondent, absent. Coram:- N. A. BRITTO, J. Date:- 22nd July, 2009 P.C.:- Heard. Leave to appeal. Respondent/Accused is present in person but her advocate is absent. The Applicant herein was the Complainant before the trial Court who had prosecuted the Respondent/Accused under Section 138 of the Negotiable Instruments Act, 1881(Act, for short). At the end of the trial, the learned Magistrate instead of giving a finding on all the points involved, gave a finding only on one point, namely the point of limitation in terms of Section 142(b)of the said Act. The merits of the case have been kept entirely untouched. Needless to observe, the learned Magistrate was bound to give a finding on merits of the case as well and on all points involved in the controversy between the Complainant and the Accused and since that has not been done, the Judgment of the learned trial Court dated 29-1-2009 is hereby set aside. Both the parties are hereby directed to remain present before the learned trial Court on 3-8-2009 at 10.00 a.m., and the learned trial Court is hereby directed to hear both the parties afresh and decide the case with a finding on all points, within a period of fifteen days thereafter. As a result of the above, the application as well as the appeal is allowed and the Judgment of the trial Court is hereby set aside. N. A. BRITTO, J. RD.