1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4254 OF 2008 IN CRIMINAL APPEAL (STAMP) NO.843 OF 2008 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Heard Shri S.B. Bhapkar, Advocate for the applicant and Shri S.S.Rathi, Advocate for the respondent/ 2. The applicant seeks leave to file appeal against the order of acquittal recorded by the learned Judicial Magistrate, First Class, Parbhani in S.C.C. No.1618 of 2005 decided on 4.9.2008. 3. Both the learned Advocates have taken me through the judgment of the trial court, so also deposition of the applicant-complainant. It is the case of the applicant that he was holding 2 power of attorney on behalf of the respondent-accused for selling plots belonging to the respondent. He had entered into some transactions with certain persons, but subsequently it was found that the title was defective and therefore the amounts had to be refunded by him. It is the case of the applicant that the consideration amounts received were paid to accused- respondents. 4. Learned Advocate Shri S.B.Bhapkar has referred to the case of Hiten Dalal vs. Bratindranath Banerjee 2001 SCC (Cri.)960 as referred to in the case of Lalji Choubey vs. Jiyalal Chavan 2009 (1) B.Cr.C.358. He also referred to presumptions under Sections 118 and 139 of the Negotiable Instruments Act, 1981. The Respondent-accused in his statement under Section 313 of Code of Criminal Procedure has not given any explanation. 4. In the facts and circumstances, this is a case wherein leave to file 3 appeal deserves to be allowed to be filed as further scrutiny of evidence is required. 5. Hence, application allowed. Leave granted. Appeal be registered. Date:26/11/2009 (P.R.BORKAR, J.) pnd/criapl4254.08