1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.2902 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 Smt. Ratnaprabha Janardhan Ambre ...Applicant. v/s. Shri Nitin S. Lade ...Respondents. Mr. S.R.Ganbavale, ,adv. For the Applicant. Smt. M.R.Tidke, APP For the Respondent No.2/State. CORAM : J.H. BHATIA, J. DATED : MARCH 9, 2011. P.C. 1 In spite of service of notice, the respondent no.1/accused has not appeared. Heard the learned counsel for the complainant and perused the judgment whereby the accused/respondent no.1 was acquitted for the charge under Section 138 of the Negotiable Instruments Act. 2 Even though certain discrepancies were brought in the cross-examination of the complainant, the accused admitted in his statement under Section 313 of the Cr. P.C. that he had received loan from her, though according to him, it was not Rs.50,000/- but Rs. 46,000/- after deduction of Rs.4,000/- towards interest at the rate of 8% p.a. on the principal amount of Rs.50,000/-. It also appears to be his case 2 that the complainant had obtained blank cheques from him and they were misused. Accused did not enter into witness box. 3 In view of the above, leave to prefer appeal is granted. Appeal be registered and same is hereby admitted. 4 Application stands disposed off. (J.H. BHATIA,J.)