1 CR.APLN.976.2010.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 976 OF 2010 Mrs. Bharati Walia W/o. Bhagwandas Walia ...Applicant Vs. Krishan Maanlal Kapoor & Anr. ...Respondents Mr. M.S. Mohite i/b. Mr. Ashish Sawant for Applicant Mrs. A.A. More, A.P.P for the State CORAM: SMT. ROSHAN DALVI, J. DATED : 28TH APRIL 2011 P.C. 1. The Applicant is the sister of the Respondent No.1/accused. The accused has been served since 10 th may 2005. Despite service he has not appeared. 2. The Applicant has challenged the judgment of acquittal of Respondent No.1 for the offence committed under Section 138 of Negotiable Instrument Act, 1881. 3. The Applicant’s case is on a loan arranged for by the Applicant from another and advanced to Respondent No.1. For return of the loan, as per the case of the Applicant part payments were made by 5 cheques of Rs.6000/- each, 4 of which were honoured. Out of the loan of Rs.2 lakhs Rs.24000/- was repaid. The dishonoured cheque was for remainder of Rs.1.76 lakhs. The issue of that cheque under the 2 CR.APLN.976.2010.sxw circumstances would show presumption of the liability which the accused must rebut aside from the denial that is not done. 4. The learned Judge has considered that the liability is not proved. This appears to be an error in view of the part payments. Hence the case requires reconsideration. 5. The Appeal shall be placed on board for admission on 20 th June 2011. The Applicant shall serve the Respondent No.1/accused and his Advocate. In view of the aforesaid short points involved, the notice shall state that the Appeal shall be taken up for final hearing at the stage of admission. (SMT. ROSHAN DALVI, J.)