1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3001 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Heard Advocate Shri J.R.Shah for the applicant. He has taken me through the evidence, so also judgment of the trial court. 2. It is the case of the Respondent- accused that he had given blank cheque to Ratnadeep Patpedhi, branch Shahada and while applying for loan he had given blank cheque which was got by present applicant and he misused the same. However, whether any cheque was really given by accused to the said credit society is a question. D.W 1 Shivaji in his examination in chief itself said that the credit society is not accepting any cheque while sanctioning loan to borrower. 2 However, there is no cross examination on this point nor this witness was declared hostile. 3. One thing is clear that at the relevant time, respondent was in need of money and was seeking loan of Rs. 1.00 lakhs. He applied for loan to the credit society. It is the case of the applicant that he provided loan to respondent. 4. Considering the facts and circumstances of the case, in my opinion, it is a matter which requires reconsideration of evidence in details. 5. Hence, application allowed. Leave to file appeal is granted. Date:09/11/2009 (P.R.BORKAR, J.) pnd/criap3001.09