1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.986 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The application is for leave to appeal against the judgment of acquittal rendered by learned Judicial Magistrate (F.C.), Aurangabad in a private complaint case instituted for offence U/s 138 of the Negotiable Instruments Act. The applicant is original complainant. The private complaint case (SCC No.7500/2007) proceeded against the Respondent No.1 for alleged dishonour of the cheques (Exhs.25,27, 29 and 31) issued by him. The learned Judicial Magistrate held that the existence of legally enforceable debt was not proved by the applicant. It appears that the applicant had produced purchase bills vide Exhs.36 to 56. The existence of liability to pay the amounts shown under the cheques is prima facie explicit from the said bills. The Respondent No.1 has not appeared in this Court though served. Considering the reasons recorded by the learned Judicial Magistrate, I am of the opinion that it is necessary to consider the evidence of the applicant afresh. Therefore, leave to appeal is granted. 3. Admit. 4. Print dispensed with. 5. The appellant to furnish private paper book within ten (10) weeks after the R & P is received. 6. Action U/s 390 of the Cr.P.C. against the Respondent No.1. (V.R.KINGAONKAR,J.) Dt.08.10.2009. asp/office/Crapp986.09