1 Cri-Appln-2699 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.2699 of 2010 Seven Seas Agencies Private Limited ... Applicant (Orig. Complainant) v/s. 1. Sandesh Ramchandra Sirsagar & anr. ... Respondents (Res.No.1-ori.Accused) Mr.Anil Agarwal for Applicant. Mr.S.A. Shaikh, APP for State. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 27th April 2011 P.C. : 1. This is an application for leave to appeal against the order of acquittal passed by the learned Judge & Special Metropolitan Magistrate, Small Cause Court, Mumbai, dated 27th April 2010, acquitting the accused for offence punishable under Section 138 of the Negotiable Instruments Act. The acquittal is on the fact that the Constituted Attorney of the complainant has given evidence, the transaction is not shown in the income tax returns of the complainant and, therefore, is not an enforceable debt and that the complainant does not have a money lender licence, 2 Cri-Appln-2699 though he has advanced the loan. On each of these three aspects of law, the learned Judge appears to be in error. The Constituted Attorney can give evidence. The loan granted is under a Bill of Exchange which is exempt from the Money Lenders Act. The legal enforceability of the debt is not dependent upon the income tax returns in which the transactions are not shown. 2. A notice issued upon the Respondents was sought to be served by a private service. It was returned unserved as the postal acknowledgment showed that Respondent No.1 was not residing at that address. Service by publication has been ordered and effected. 3. Leave to appeal is granted. 4. Appeal to be placed on board for admission on 16th June 2011. 5. Notice of admission shall be given by the Advocate for the Applicant by private service by pasting at the last known address of Respondent No.1. 6. Criminal Application is disposed of accordingly. (SMT.ROSHAN DALVI, J.)