cran202.10 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 202 OF 2010 Jyoti Sahakari Patsanstha Maryadit, Kopargaon ...Applicant Versus Sarjerao Maruti Chavan ...Respondent ..... Mr. R.A. Tambe, advocate for the applicant None for the respondent. ..... CORAM: S. S. SHINDE, J. DATED: 17TH JANUARY, 2011 PER COURT:- 1 Heard learned counsel for the applicant. None for the respondent though served. This application is filed with a prayer to grant leave to prefer appeal challenging the judgment and order dated 31.10.2009 passed by the learned J.M.F.C. Kopargaon in S.T.C. No. 1099 of 2003 for the offence punishable under Section 138 of Negotiable Instruments Act. 2 Upon hearing counsel for the applicant, I am inclined to grant cran202.10 -2- leave to prefer appeal. Office to register the appeal. 3 With consent of the parties, appeal is taken up for hearing. 4 Learned counsel for the appellant/applicant submits that though the findings recorded by the court below are in favour of the applicant herein, however, merely on the ground that the original documents pertaining to loan transaction were not placed before the court below, the court below held that original documents were not placed on record and their contents are not proved, has dismissed the complaint. 5 Counsel appearing for the applicant further submits that the applicant is ready to file original documents before the court below, therefore, he prays that the impugned judgment and order be set aside and this matter may be remitted back for fresh consideration. 6 Upon haring learned counsel for the appellant, I am of the opinion that the ends of justice would meet if the impugned order is set aside and the matter is remanded back to the Court of learned J.M.F.C. Kopargaon. 7 In the result, the impugned judgment and order dated 31.10.2009, passed by the learned J.M.F.C. Kopargaon in S.T.C. No. cran202.10 -3- 1099 of 2003, is set side and the matter is remanded back to learned J.M.F.C. Kopargaon. Learned J.M.F.C. Kopargaon to hear and decide the matter afresh on its own merits. The applicant has assured to this court to place on record the original documents in respect of loan transaction before the concerned court and thereafter only the concerned Court will adjudicate the matter. The concerned court after submitting the original documents in respect of loan transaction adjudicate the matter and decide it finally within six months from the said date. It will be open for the applicant to pray before the concerned Court to produce on record the certified copy or the original and it is for the said Court to consider the said request. It is made clear that on the said aspect, this Court has not made any comments. 8 In the circumstances, appeal is partly allowed and disposed of. Record and proceedings, if any, be sent back forthwith to the concerned Court. ( S. S. SHINDE. J.) rlj/