1 APPLN 835 AND ORS vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.835 OF 2011 Veronica Frank Colaco .. Applicant. -versus J. J. Packaging and Insulation and ors .. Respondents. WITH CRIMINAL APPLICATION NO.836 OF 2011 Frank M. Colaco .. Applicant. -versus J. J. Packaging and Insulation and ors .. Respondents. WITH CRIMINAL APPLICATION NO.837 OF 2011 Frank M. Colaco .. Applicant. -versus J. J. Packaging and Insulation and ors .. Respondents. WITH CRIMINAL APPLICATION NO.838 OF 2011 Frank M. Colaco .. Applicant. -versus J. J. Packaging and Insulation and ors .. Respondents. WITH CRIMINAL APPLICATION NO.839 OF 2011 Frank M. Colaco .. Applicant. -versus 2 APPLN 835 AND ORS J. J. Packaging and Insulation and ors .. Respondents. WITH CRIMINAL APPLICATION NO.840 OF 2011 Frank M. Colaco .. Applicant. -versus J. J. Packaging and Insulation and ors .. Respondents. WITH CRIMINAL APPLICATION NO.841 OF 2011 Frank M. Colaco .. Applicant. -versus J. J. Packaging and Insulation and ors .. Respondents. WITH CRIMINAL APPLICATION NO.842 OF 2011 Frank M. Colaco .. Applicant. -versus J. J. Packaging and Insulation and ors .. Respondents. Mr. Gauri Godse, for the applicant. Mrs. M. R. Tidke, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 2nd December, 2011 P.C. 1. These are 8 applications for leave to file appeal against acquittal of the respondents, by the learned Judicial Magistrate First Class, Vasai, District: Thane, for the offence punishable under Section 138 of the negotiable Instruments Act, in respect of 8 cheques as per chart below : 3 APPLN 835 AND ORS Sr. no. Crim. Appln. No. complain t No. Amount cheque NO. Cheque dated. 1 835/2011 2562/01 1,00,000/- 142152 02/07/01 2 836/2011 2556/01 20,000/- 142164 13/03/01 3 837/2011 2561/01 5,000/- 100707 02/07/01 4 939/2011 2555/01 60,000/- 142153 02/07/01 5 839/2011 2557/01 1,00,000/- 66124 02/07/01 6 840/2011 2558/02 5,000/- 66125 11/07/01 7 841/2011 2560/01 5,000/- 70808 02/07/01 8 842/2011 2559/01 1,00,000/- 70807 02/07/01 2. The learned Magistrate had accepted the defence that the transactions were possibly of money lending at high interest of 5% per month. He also held that the notice had not been served upon partners individually, therefore, proceeded to acquit the accused. All the cheques were issued towards transaction of advance of Rs.4,00,000/-, to the respondent firm in the year 1999 and 2000. The firm claimed to have paid little over Rs.1,50,000/- towards the loan taken and interest thereon. Since the respondent firm took the defence that a sum of Rs.4,00,000/- had been received from the complainant, the question whether the respondent could now turn around and say that they are not liable to refund the amount with agreed interest which may be exorbitant, would need consideration. Since partnership firm itself was served with notice of demand and since cheques in question were drawn on the account of partnership firm, question of failure to 4 APPLN 835 AND ORS serve partners individually may also require consideration. In view of this, leave granted. Admit Call for Record and Proceeding. Action under Section 390 of Code of Criminal Procedure. (R. C. CHAVAN, J.)