1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1263 OF 2011 Chandrakant D. Kharadkar .Applicant V/s. Mohan V. Ghodke & anr. .Respondents Mr.P.J.Pawar, Advocate, for the Applicant Smt.V.R.Bhosale, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 12TH DECEMBER, 2011 P.C. . Heard the learned counsel for the respective parties. 2. This is an application for leave to file an appeal against acquittal of respondent No.1 ordered by the learned Judicial Magistrate F. C., Court No.2, Pune for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 relying on Judgment of this Court in SANJAY MISHRA vs. KANISHKA KAPOOR 2 @ NIKKI and another, reported at 2009(4) Mh.L.J. 155. The learned counsel for the applicant points out that even in the Judgment in SANJAY MISHRA's case this Court had specifically observed that there may be a case where an amount lesser than a sum of ` 20,000/- is advanced in cash by way of loan which may be repayable within a few months for which report to Income Tax Authorities may not be necessary. In view of this, leave granted. Admit. Call for R & P. Action under Section 390. (R.C.CHAVAN, J.)