cran149.10 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 149 OF 2010 Vyankatesh Investment and Finance Corporation, Ambejogai ...Applicant Versus Abbas Babulal Bagwan and Anr ...Respondents ..... Mr. H.H. Padalkar, advocate h/f Mr. R.S. Deshmukh, advocate for the applicant Mr. R.N. Bharaswadkar, advocate for respondent No.1 Mr. V.G. Shelke, A.P.P. for respondent No.2-State ..... CORAM: S. S. SHINDE, J. DATED: 1st FEBRUARY, 2011 PER COURT:- 1 Heard learned counsel for the respective parties. 2 This application is filed seeking leave to prefer appeal against the judgment and order dated 27.10.2009 passed by the learned J.M.F.C. Ambejogai in Summary criminal Case No. 1702 of 2007. Counsel appearing for the applicant submitted that the trail court discarded the case of the applicant merely on the ground that extract cran149.10 -2- which was placed before the court, was not signed by the manager. Learned counsel submitted that in case of closure of loan account the manager has to sign the extract, however, in other cases, he need not sign as per the procedure. He further submitted that the amount of Rs.70,000/- was paid on 30.11.2006 to the respondent and to that effect material was placed on record before the trail court to demonstrate that the said amount is duly received by the respondent. Therefore, he would submit that the application deserves to be allowed. 3 Learned counsel for the respondent No.1 submitted that since the extract which was placed on record was not duly signed by the manager, therefore, after proper appreciation of evidence brought on record by the respective party, the trial court arrived at definite conclusion. He therefore, submitted that no interference is warranted in the impugned judgment and order and this application requires to be rejected. 4 Upon hearing learned counsel for the applicant and learned counsel for respondent No.1, I am of the opinion that the trial court has committed error in recording that the amount of Rs.70,000/- is not disbursed to the respondent. The trial court should have given due consideration to the entry from the bank statement which clearly spells cran149.10 -3- out that on 30.11.2006 the amount of Rs.70,000/- was paid to the respondent. In this view of the matter, this is fit case where leave to prefer appeal is required to be granted. 5 In the result, this application seeking leave to prefer appeal against the impugned judgment and order dated 27.10.2009 in Summary Criminal Case No. 1702 of 2007 is granted. The application is allowed and disposed of. Registry is directed to register this application as appeal. ( S. S. SHINDE. J.) rlj/