FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of coram, appearances, Court's orders or directions & Registrar's orders Court's or Judge's orders CRIMINAL APPLICATION NO.4040/2009 Mr. Anand Chaware, Adv. for applicant. Mr. P.B.Patil, Adv.for respondent – 1. Mrs. B.R. Khekale APP for R-2. CORAM : SHRIHARI P. DAVARE, J. DATE : 13TH JULY, 2010 1. Heard learned respective counsel for the parties. 2. This is an application preferred by the applicant/original complainant, seeking leave to file appeal against the judgment and order of acquittal dated 11.9.2009 passed by 1 st Judicial Magistrate First Class, Jalna in STC No.1761 of 2008, acquitting the respondent/original accused, for the offence punishable under section 138 of Negotiable Instruments Act. 3. I have perused the impugned judgment and order of acquittal dated 11.9.2009 as well as record and proceeding with the assistance of learned counsel for the parties. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of coram, appearances, Court's orders or directions & Registrar's orders Court's or Judge's orders 4. Apparently, on perusal of Exh.15 cheque in question, notice dated 1.9.2009 Exh.17 to which the respondent has not replied and Exh.27 counter foil of the cheque and loan application form Exh.28 and more particularly, 7/12 Extract of the land of the respondent Exh.13, on which charge of loan of Rs.25,000/- has been created in favour of the applicant/complainant, it appears that there is primafacie case against the respondent. 5. Hence leave to file appeal is granted and present application be treated as appeal. 6. ADMIT. 7. Mr. P.B. Patil and Mrs. Khekale accepts notice after admission of appeal. 8. Respondent No.1 to furnish bail in the sum of Rs. 15,000/- (Rs. Fifteen thousand) with one surety in the like amount before trial court within the period of six weeks from today. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of coram, appearances, Court's orders or directions & Registrar's orders Court's or Judge's orders 9. Record and proceeding be sent back to the concerned court. ( SHRIHARI P. DAVARE, J. ) --- Dt : 13.07.2010 aaa/4040.09