1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.4234 of 2008. _______________________________________________________________ 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 learned Magistrate accepted defence of the Respondent and acquitted him for offence U/s 138 of the Negotiable Instruments Act. Considering the reasoning recorded by the learned Magistrate, it appears that the absence of legal liability is assumed on the basis of the letter and notice (Exh.95 and Exh.95-A) which had been produced before the Court. The learned Magistrate was much impressed by the fact that the envelope was opened in the Court and, therefore, it could be considered. The Respondent did not enter the witness box to prove the said document. It is difficult to appreciate, prima facie as to how both the documents were read in evidence when they were not confronted to the complainant (appellant) nor were otherwise shown to have been proved. In this view of the matter, the appeal deserves consideration. Consequently, leave to appeal is granted. 3. Admit. 4. The appellant to furnish private paper book within ten (10) weeks. 5. Final hearing to be expedited. (V.R.KINGAONKAR,J.) Dt.16.09.2009. asp/office/Crapp4234.08