1 APPLN.2063.2010.odt mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2063 OF 2010 Nayanish Bhalchandra Dali ...Applicant/Orig. Complt. Vs. Ramesh Gopal Bhalekar ...Respondent/Orig.Accd. Mr. S.S. Shah, Advocate for the Applicant Mr. S.A. Patankar, Advocate for the Respondent No.1 Mr. S.A. Shaikh, A.P.P for the State CORAM : SMT. ROSHAN DALVI, J. DATED : 6th MAY, 2011 P.C. : 1. The application for leave to file appeal relates to the acquittal of Respondent No.1 in a criminal prosecution under Section 138 of the Negotiable Instrument Act. The case of the Complaint is that for a loan of Rs.2,20,000/- a cheque came to be issued, which came to be dishonoured. The notice of demand has been replied by Respondent No.1 specifically admitting the help given by the Complainant and the fact that he could not repay the loan and promising to repay the loan before 20th October 2008. Contrary to this letter the defence is that the suit transaction is not a bona fide transaction and the loan of Rs. 58,000/- was given which was partly repaid and that the loan of Rs. 2,20,000/- is not proved at all. This aspect would require reconsideration in view of the admission of Respondent No.1. Hence the leave to appeal is granted. 2 APPLN.2063.2010.odt 2. Call for R & P. The Appeal shall come up for admission on 28th June 2011. In view of the narrow question involved, it shall be disposed off at the stage of admission itself. (SMT.ROSHAN DALVI, J.)