* 1 * Cri.Appln. 4988.2009 14.1.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4988 OF 2009 [LEAVE TO APPEAL] IN CRIMINAL APPEAL NO. Mr. Mohan M. Agrawal .......Applicant V/S. State of Maharashtra and anr. .........Respondents * * * * * * Mrs. Mallika Ingale, Advocate for the applicant. Mrs. A.S. Shitole, APP for respondent no.1-State. None for respondent no.2. Coram : Smt. R.P. SondurBaldota, J. 14 January, 2011. P.C. : 1. The present application is filed for leave to prefer appeal against the judgment and order dated 9th September, 2009 passed by the Sessions Court, Bombay acquitting respondent no.2 of the offence punishable under Section 138 Negotiable Instruments Act * 2 * Cri.Appln. 4988.2009 14.1.2011 allowing Criminal Appeal No. 247 of 2008. The appeal was allowed on the ground that the applicant being a money lender without holding valid license for the business of money lending, the debt for which the cheque was issued was not legally enforceable. 2. Mrs. Ingale, appearing for the applicant, refers to the definition of loan at Section 2(9)(f) of the Bombay Money Lenders Act, 1946. Clause (f) excludes an advance of sum exceeding Rs. 3,000/- made on the basis of a negotiable instrument as defined under the Negotiable Instruments Act, other than a promissory note. She states that the loan in the instant case was advanced by way of a cheque and that respondent no.2 had handed over two post- dated cheques to the applicant towards repayment of the loan. Hence, the application for leave to appeal is allowed. The Appeal is admitted. 3. A warrant be issued against respondent no.2 under Section 390 Criminal Procedure Code with a direction that he be produced before the trial court [Smt. R.P. SondurBaldota, J]