1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.209 of 2006 In Cri.Appeal St.No. of 2006. _______________________________________________________________ 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 application is for leave to appeal U/s 378(4) of the Cr.P.C. 3. The learned Judicial Magistrate acquitted the Respondent on the ground that the transaction could be of money lending. The reasons ascribed by the learned Magistrate would show that date of payment of loan amount was not specifically stated and that the applicant (complainant) had obtained a promissory note on stamp paper of Rs. 20/- (Rupees twenty) from the Respondent. It appears that there were no other loan transactions brought on surface of the record to infer that the applicant indulges in money lending business. It also appears that the learned Magistrate did not give much attention to presumption available U/s 139 of the N.I. Act. In this view of the matter, I find that the present case deserves reconsideration. 4. Leave granted. 5. Admit. 6. Call R & P. 7. The appellant to furnish private paper book within ten (10) weeks. 8. Mr.V.P. Raje, learned advocate holding for Mr.Ashtekar, advocate waives service. (V.R.KINGAONKAR,J.) Dt.14.10.2009. asp/office/Crapp209.06