(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 4128 of 2010 Chikkarde Nagappa Mahadeoprasad, Age : 56 years, Occupation : Service, R/o. Deshmukhwadi, Opp. Old Sanjay Dairy, Taluka : Pachora, District : Jalgaon. .. Applicant. versus Gulabsing Devsing Patil, Age : 48 years, Occupation : Agriculture, R/o. Baherpura Weekly Bazar, Taluka : Pachora, District : Jalgaon. .. Respondent. ....................... Mr. Amit S. Savale, Advocate, for the applicant. Mr. Kishorkumar Borde, Advocate, holding for Mr. K.M. Nagarkar, Advocate, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 8TH JULY 2011 (2) COURT'S ORDER : 1. Heard learned Counsel for the parties. 2. This is an application preferred by the applicant (original complainant) seeking leave to file appeal challenging the judgment and order of acquittal dated 17th July 2010, rendered by the learned Judicial Magistrate (F.C.), Bhadgaon (District : Jalgaon), in Summary Criminal Case No. 363 of 2008, thereby acquitting the respondent (original accused) for the offence punishable under Section 138 of Negotiable Instruments Act, 1881. 3. I have perused the impugned judgment dated 17th July 2010, and also perused the Record & Proceedings with the assistance of the learned Counsel for parties. 4. Having heard both the learned Counsel for parties extensively, and also after considering the very admissions given by the accused in his deposition, the defence raised by the accused, apparently, does not appear to be probable and acceptable, and hence, leave to file appeal is required to be granted. (3) 5. Hence, present Criminal Application is allowed, and leave to file appeal is granted. Present Criminal Application be treated as Criminal Appeal. 6. Admit. 7. Adv. Mr. Kishorkumar Borde, holding for Adv. Mr. K.M. Nagarkar, waives service of notice for the respondent, after admission. 8. The respondent (original accused) to furnish same bail, but to execute fresh bond before the trial court, within a period of four weeks from today. 9. Record & Proceedings be sent back to the concerned court. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka4128