1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO. 324 OF 2011 IN ( Hemant Bhaurao Chopde Vs. Sunderabai Kale) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Mr. R. V. Kale Adv for applicant. CORAM: M. N. GILANI J. DATED: 1st JULY, 2011. . This is an application seeking leave to file an appeal against the order of acquittal dated 22.02.2011 passed by Judicial Magistrate First Class, Nagpur. Perused the judgment delivered by the learned Magistrate in Summary Criminal Case No. 12657 of 2006. The appellant is the original complainant. Respondent/accused had issued cheque for Rs. 25,000/- drawn in favour of the appellant. This was on account of hand loan obtained by the respondent/accused from the appellant/complainant. Learned Magistrate in para 8 of the judgment 2 observed that the act of the respondent/accused issuing cheque in favour of the appellant/complainant is not disputed. The learned Magistrate further observed that there is no dispute about the signature of respondent/accused on the cheque. On presentation of the cheque in the bank, the cheque was dishonored and thereafter the mandatory notice was issued by the appellant to the respondent. The defence of the respondent/accused was that, she had delivered blank cheque by way of security to the appellant/complainant and this was misused by the latter. The learned Magistrate believed the defence despite the fact that the respondent/accused did not enter the witness box. I am, therefore, of the view that this is a fit case to grant leave to file appeal. 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 after 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.