( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2568 OF 2010 Saurabh Narayan Gupta APPLICANT VERSUS Yuvraj Chindha Patil RESPONDENT .... Mr. S.I. Nandode, advocate for the applicant. Mr. M.A. Thorbole, advocate holding for Mr. P.R. Patil, advocate for the respondent. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 27th August, 2010] PER COURT : 1. Heard. 2. The application is for leave to appeal against acquittal of the respondent for the offence punishable under section 138 of the Negotiable Instruments Act. 3. The learned 4th Judicial Magistrate (F.C.) acquitted the respondent by the impugned order dated 12th April, 2010, for the reason that the applicant (complainant) could not establish his capacity to lend the amount of Rs. 90,000/-. The learned Magistrate held that the applicant might be dealing in money lending business. IN such a case, the appreciation of ( 2 ) evidence is required to be done on examination of the attending circumstances. There is no tangible evidence to infer that the applicant had dealt with similar kind of transactions and was doing private money lending business. Under these circumstances, leave to appeal is granted. The application is allowed. The appeal be registered. [V.R. KINGAONKAR] JUDGE NPJ/criapln2568-10