( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2886 OF 2009 Prakash s/o Babanrao Mahale APPLICANT VERSUS Keshav s/o Mansing Deshmukh RESPONDENT ..... Smt. S.S. Jadhav, advocate for the applicant. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 11th September, 2009] PER COURT : 1. Heard. 2. The appeal is filed against order of acquittal in a summary case bearing S.T.C. No. 256/2008 for offence punishable under section 138 of the Negotiable Instruments Act. The learned Magistrate did not frame the necessary points as required under section 138 of the Negotiable Instruments Act and proceeded to decide the criminal case only on consideration of two (2) points i.e. pertaining to the service of demand notice and issuance of the cheque. The learned Judicial Magistrate seems to have overlooked document (Exh-32) filed by the complainant on the ground that it was submitted after the examination of the complainant. What transpires from the record is that the complainant ( 2 ) was asked in respect of the said document during the course of cross-examination and, therefore, it was thought proper by him to produce such document. The reasoning of the learned Magistrate appears to be rather cryptic. The impact of presumption under section 139 of the Negotiable Instruments Act is also not properly analyzed and considered. In this view of the matter, this is a fit case in which leave to appeal may be granted. 3. Leave to appeal is granted. The application is accordingly allowed. 4. Admit the appeal. 5. Call for record and proceedings. 6. Print is dispensed with. The appellant to furnish private paper-book within ten (10) weeks after the record and proceedings are received. [ V.R. KINGAONKAR ] JUDGE NPJ/criapln2886-09