1 Cri.A.1042.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1042 OF 2010 [ Sunil Ramdas Date Vs. Rajendra Babanrao Maid ] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.Ajit.S.Zarekar,Advocate for Applicant. Shri.A.K.Tiwari,Advocate holding for Shri.S.N.Gaikwad,Advocate for Respondent. .... CORAM: SHRIHARI P.DAVARE, J. DATE : 11TH APRIL, 2011. PER COURT : 1. Heard learned counsel for the parties. 2. This is an application preferred by the applicant (original Complainant) seeking leave to file an appeal challenging the judgment and order dated 24th November, 2009, in S.T.C. Case No. 4313 of 2004, thereby acquitting the respondent-accused for the offence punishable Under Section 138 of the Negotiable Instruments Act. 2 Cri.A.1042.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 3. I have perused the impugned judgment as well as record and proceedings with the assistance of the learned counsel for the parties. 4. Apparently, there is substance in the submissions canvassed by the learned counsel for the applicant that the respondent has not probablized his defence on preponderance of probability, and has not rebutted the presumption raised in favour of the applicant (Original Complainant) under sections 118 and 139 of the Negotiable Instruments Act, and hence, leave to file appeal, is granted, and the present application be treated as appeal. . Admit. 5. Learned counsel appearing for respondent waives service of notice after admission. 6. The respondent-Accused to furnish same bail, which was granted by the trial Court, but to execute a fresh bond, within a period of four weeks. Bail to be 3 Cri.A.1042.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders furnished before the learned trial Court. 7. Record and Proceedings be sent back to the concerned Court. Sd/- [SHRIHARI P.DAVARE, J.] MTK