1 appln 4846 of 2009 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4846 OF 2009 Kailasi Dharamsing Yadav .. Applicant -versus Shri. Rajesh Kamtaprasad Mishra .. Respondents. Mr. P. J. Pawar, for the Applicant. Mr. Rajesh More, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 5th July, 2011 P.C. 1. This is an application for leave to appeal against acquittal of respondent for the offence punishable under section 138 of the Negotiable Instrument Act. The applicant came up with the case that the applicant had advanced a sum of Rs.3,40,000/- towards hand loan to the respondent with the promise to repay the same before marriage of applicant’s daughter. The purpose for which respondent required money is not clarified. The respondent has come up with a case that in fact respondent purchased property from the applicant by a registered sale deed dated 20th April,2006 for a sum of Rs. 9,00,000/-. Initially he agreed to pay Rs.5,60,000/- by cash and a cheque of Rs.3,40,000/- was given without mentioning the date. But subsequently since the applicant wanted entire amount by cash, it was paid. Learned Magistrate held the 2 appln 4846 of 2009 defence to be more probable. The witness Shriram Varma examined on behalf of applicant did not know the purpose for which hand loan was sought by the respondent and therefore, the learned Magistrate disbelieved the complainant’s case. It is indeed curious that when the marriage of applicant’s daughter was to be shortly performed the applicant could advance Rs.3,40,000/- to the respondent as hand loan. It is also strange a person entering into sale agreement for Rs. 9,00,000/- with the respondent could advance hand loan to the same person. The learned Magistrate cannot be faulted for holding that the defence was probablised. Hence leave refused. Appeal dismissed. (R. C. CHAVAN, J.)