* 1 * Cri.Appln. 3723.2010 19.1.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3723 OF 2010 [LEAVE TO APPEAL] IN CRIMINAL APPEAL NO. OF 2010 A. Rajak Abbas Shaikh .......Applicant V/S. Shabuddin Matin Shaikh and anr. .........Respondents * * * * * * Mr. Suresh Shah, Advocate for the applicant. None for respondent no.1. Mrs. V.R. Bhosale, APP for the State­respondent no.2. Coram : Smt. R.P. SondurBaldota, J. 19 January, 2011. P.C. : 1. This is an application for leave to file appeal against the Judgment and Order dated 26th April, 2010 by which the trial court acquitted respondent no.1 of the offence punishable under Section 138 Negotiable Instruments Act. The dismissal of the complaint * 2 * Cri.Appln. 3723.2010 19.1.2011 and acquittal of respondent no.1 was on the ground that there was a money lending transaction between the applicant and respondent no.1 and that the applicant did not hold a license for carrying out business of money lending. 2. The above inference has been drawn by the trial court on the basis of the admission by the applicant, in his cross­ examination that there was an agreement for payment of interest and that a cheque in the sum of Rs. 70,000/­ i.e. the cheque in question had been issued by respondent no.1 towards payment of interest. It has been the case of the complainant, as well as, his evidence that respondent no.1 being his relative, the applicant had lent him a sum of Rs.4,00,000/­ by raising a loan against the fixed­ deposits in his own name and in the name of his wife to help respondent no.1 to tide over his financial difficulties. Since the amount lent by the applicant to respondent no.1 was by raising loan, it was agreed by respondent no.1 that he will pay the interest to the Bank for the loan taken by the applicant. There was no interest payable in the transaction of loan between the * 3 * Cri.Appln. 3723.2010 19.1.2011 applicant and respondent no.1. In these circumstances, the application for leave to file appeal is allowed. The appeal is admitted. A warrant of arrest be issued under Section 390 Criminal Procedure Code against respondent no.1 with a direction that he be produced before the trial Court. [Smt. R.P. SondurBaldota, J]