1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRMINAL APPLICATION (APPA) NO.701 OF 2011 (PRAKASH CHAMPATRAO BOBADE //VS// MANOJ BABULAL DODAL.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Anand Deshpande, Advocate for Applicant. CORAM : M.N.GILANI, J. DATE : NOVEMBER 24, 2011. Heard learned counsel for the applicant. The applicant is seeking leave to file an appeal against the order of acquittal dated 2nd August, 2011 passed by Joint Civil Judge (Junior Division), Darwha in Summary Criminal Case No. 470 of 2003. The appellant filed complaint case under Section 138 of the Negotiable Instruments Act alleging that he had advanced hand-loan of Rs.1,47,000/- to the respondent and by way of security the respondent issued a cheque. On presentation of the said cheque to the bank it was dishonoured. The respondent/accused entered in his defence and examined two witnesses but did not examine himself to clarify under what circumstances and for what purpose the cheque was delivered to the appellant. On perusal of the judgment, the leaned counsel for the appellant appears to be right in arguing that the learned Magistrate had mixed the earlier transaction of sale and purchase of the vehicle which had taken place between the parties. Moreover, the learned Magistrate had given undue importance to the factors like inability of the 2 complainant to depose as to how many brothers and sisters the accused had, who are neighbours of the accused, whether his parents are alive or dead. This Court is, therefore of the view that leave as prayed for needs to be granted. As such the leave as prayed for is granted. ADMIT Action under Section 390 of Cr.P.C. JUDGE RR..