Rule. By consent, heard forthwith.

2. This is an application seeking leave to appeal against the judgment and order of acquittal dated 5.1.2007 made by the J.M.F.C. Hinganghat in Summary Criminal Case No. 5120 of 2002.

3. In support of the present application as well as appeal against acquittal preferred by the applicant/ appellant, Mr.Apurv De argued that the learned trial Court committed an error in acquitting the respondent/accused for extraneous reasons and that there was a legally enforceable liability against the respondent/accused which was not discharged by him and, on the contrary, the cheque given by him had bounced. Admittedly there was dishonour of cheque which was given to the appellant and that in fact was not disputed. According to Mr.De, the fact that the loan was disbursed to the respondent/accused by the applicant/credit society is not in dispute so also the agreement regarding interest at rest payable thereon and in the wake of said agreement it was no use to carry adverse impression about the total liability that had ultimately swollen to. He, therefore, submitted that the trial Court was not justified in acquitting the respon