1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application No. 3477/2009 ( Ganesh Balaji Awachat .vs. Raju Mahadeorao Thakre ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. Nitin R. Bhishikar, Advocate for Applicant. CORAM : P.D. KODE, J. DATED : DECEMBER 4, 2009 Heard. Having regard to the submission advanced that the accused having opted not to enter into the witness box and not given an evidence in support of the stand taken by him that he had handed over the blank cheque in the year 2005 itself, the inference drawn by the trial Court accordingly and further regarding the accused having rebutted the presumption is without any basis apparently appears to be supported from the reasons given in paras 9,10,11 of impugned judgment. In view of the same, the appellant having made out an arguable case, leave granted. Issue notice before admission to the respondent returnable on 14.1.2010 indicating that the matter may be disposed of finally at the admission stage after hearing both the sides. JUDGE halwai