1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPA) No.155/2011 in Criminal Appeal No. /2011 ( Abdul Saeed Abdul Majid Sheikh ..Vs.. Mohd. Yunus Ab. Gaffar Dosani ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.I. Sheikh, Adv. for applicant/appellant. Mr. A.M. Joshi, A.P.P. for State/respondent no.2. CORAM : M.N. GILANI, J. DATED : 1.12.2011. 1. The appellant is the original complainant in Summary Criminal Case No.8575/2008 which was filed under section 138 of the Negotiable Instruments Act alleging that the cheque issued by the accused/respondent no.1 herein for an amount of Rs.42,000/- was dishonoured. 2. Learned Magistrate formulated six points for determination. Out of them, five points were answered in favour of the complainant. On the point of existing liability, learned Magistrate delve into the facts and circumstances which resulted in accused issuing the cheque. While doing so, the fact 2 that the accused admitted his signature on the cheque and delivery of the same to the complainant seems to have been ignored. In that light of the matter, arguable points are involved. Leave, as prayed for, is granted. 3. Appeal : Admit. 4. Action under section 390 of the Criminal Procedure Code. JUDGE Tambaskar.