1 (17) Appln 3027/10 & Ors. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Amk CRIMINAL APPLICATION NO. 3027 OF 2010 Swati R. Changani .. Applicant Vs. M/s. Neelam Sales Corporation & Anr. .. Respondents WITH CRIMINAL APPLICATION NO. 3028 OF 2010 Kamal N. Changani .. Applicant Vs. M/s. Neelam Sales Corporation & Anr. .. Respondents WITH CRIMINAL APPLICATION NO. 3029 OF 2010 Rajesh M Changani .. Applicant Vs. M/s. Neelam Sales Corporation & Anr. .. Respondents WITH CRIMINAL APPLICATION NO. 3030 OF 2010 Rajni R. Changani .. Applicant Vs. M/s. Neelam Sales Corporation & Anr. .. Respondents WITH CRIMINAL APPLICATION NO. 3031 OF 2010 Shobha Radhakishan .. Applicant Vs. M/s. Neelam Sales Corporation & Anr. .. Respondents 2 (17) Appln 3027/10 & Ors. Mr. Laxman P. Kanal for the Applicant. Mrs. M. M. Deshmukh, APP for the Respondent State. CORAM : MRS. ROSHAN DALVI, J. Date : 26th April, 2011. P.C. 1. This is an application for leave to file Appeal against the order of acquittal in a complaint under Section 138 of the Negotiable Instruments Act. 2. The evidence shows that the cheque which has been dishonoured has indeed been issued by the accused. It was given pursuant to a loan taken. The accused has sought to contend that the Complainant is a money lender and has advanced loan, not as friendly loan but as business loan in the course of his money-lending business. The accused has not shown that the amount of cheque carried interest and was passed for more than loan taken. Hence even if the Complainant is a money lender, the transaction would be exempted from the Money Lenders Act. 3. Consequently the impugned order requires reconsideration. The Respondent has been served through Court. 4. Leave to appeal is granted. Applicant to serve notice upon the Respondents by RPAD/UPC. Applicant to serve by private notice. Notice to state that the Appeal shall be disposed of at the stage of admission. Appeal to come up on board on 16th June, 2011. (ROSHAN DALVI, J.)