cra4916.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4916 OF 2010 Kacharulal Rupchandji Barlota, Age-63 years, Occu:Social Work, R/o-Netaji Subhash Road, Jalna, Dist-Jalna. ...APPLICANT. VERSUS Pradeep Biharilal Divyavir, Age-34 years, Occu:Business, R/o-Sonal Nagar, Nariman Nagar, Near Railway Station, Tq. & Dist-Jalna. ...RESPONDENT. ... Shri.Satyajit S. Bora Advocate for Applicant. Shri.Joydeep Chatterji Advocate for Respondent. ... CORAM: SHRIHARI P. DAVARE, J. DATE : 14TH JUNE, 2011. PER COURT : 1. Heard learned counsel for the parties. 2. This is an Application preferred by the cra4916.10 2 Applicant (original complainant seeking leave to file Appeal challenging the Judgment and Order dated 12th October, 2010 rendered by Judicial Magistrate, First Class, Jalna in S.T.C. No.682 of 2010, thereby acquitting the original Respondent for the offence punishable under Section 138 of the Negotiable Instruments Act. 3. I have perused the impugned Judgment dated 12th October, 2010 and the Record and Proceedings which was made available, with the assistance of learned counsel for the parties. 4. Apparently, although it is observed by the learned trial Court in the impugned Judgment that the Respondent accused has rebutted the presumption under Sections 118(a) and 139 of the Negotiable Instruments Act, raised against him, but there appears to be no material in that respect. Moreover, observations in respect of service of notice also do not appear to be cra4916.10 3 convincing. Hence, the matter requires consideration and therefore present Application seeking leave to file Appeal is allowed and present Application be treated as Appeal and Appeal be registered accordingly. 5. Admit. Mr. Chatterji, learned counsel for Respondent waives service of notice, after admission. 6. Respondent to furnish same bail but to execute fresh bond before the trial Court, within FOUR WEEKS from today. 7. Hearing of the Appeal is expedited. 8. Record and Proceedings be sent back to the concerned Court. [SHRIHARI P. DAVARE, J.] asb/JUNE11/cra4916.10