1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRMINAL APPLICATION (APPA) NO.554 OF 2011 IN CRIMINAL APPEAL NO. OF 2011. (KESAV URBAN CREDIT COOP SOCIETY LTD. SHEGAON//VS// MANOHAR KISHSAN KALASKAR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Kiran Saboo Advocate for Applicant. CORAM : M.N.GILANI, J. DATE : NOVEMBER 18, 2011. Heard learned counsel for the applicant. The applicant is seeking leave to file an appeal against order of acquittal dated 22.07.2011 passed by Judicial Magistrate First Class, Shegaon, District : Buldana, whereby the respondent/ accused was acquitted of the offence punishable Under Section 138 of the Negotiable Instruments Act. The complainant is a cooperative society having is office at Shegaon, District : Buldana. On 11.06.1999 loan of Rs.One Lac was advanced to the accused and by way of security he issued cheque in favour of the complainant. When the cheque was presented for encashment it was dishonoured. While appreciating the evidence adduced by the complainant, it seems that the learned Magistrate attached importance to the factors which are not relevant while deciding the case under Section 138 of the Negotiable Instruments Act. The case before the learned Magistrate was not civil suit for recovery of the loan amount. 2 In that light of the matter, it appears that arguable points are involved, leave as prayed for is granted. ADMIT. Action under Section 390 of Cr.P.C. JUDGE RR..