1 crap2694.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 2694 OF 2011 Hanuman Bhaguji Kashid ...Applicant VERSUS The State of Maharashtra and anr. ...Respondents ..... Shri S.J.Salunke, advocate appointed for applicant Shri S.N.Kendre, A.P.P. for Respondent no.1 Shri M.S.Karad, advocate h/f Shri S.S.Thombre, advocate for respondent no.2 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 2nd December, 2011 PER COURT : 1 Heard respective learned counsel for the parties. 2 This is an application preferred by the applicant, seeking leave to file appeal, challenging the judgment and order, dated 25.4.2011, rendered by the learned Joint Civil Judge, Senior Division and Additional Chief Judicial Magistrate, Beed, in S.C.C. No. 1579 of 2011, thereby acquitting respondent no.2 (Oiginal accused), for the 2 crap2694.11 offence punishable under Section 138 of the Negotiable Instruments Act. 3 I have perused the impugned judgment and order, dated 25.4.2011 with the assistance of learned counsel for the parties. 4 It appears that amount of Rs.1,60,000/- was advanced by the complainant to the accused by three cheques in phases i.e. Rs. 50,000/- on 29.9.2007, Rs.50,000/- on 15.10.2007 and Rs.60,000/- on 17.11.2011, and also the complainant has produced the statement of account at Exh.32 in that respect, and therefore, the matter requires reconsideration. Hence, present application is allowed and leave to file appeal is granted. Present application be treated as an appeal. 5 Admit. 4 Shri S.N.Kendre, A.P.P. waives service of notice for Respondent no.1 after admission. Shri M.S.Karad, advocate h/f Shri S.S.Thombre, waives service of notice for respondent no.2 after admission. 3 crap2694.11 5 Respondent no.2 to furnish same bail, but execute fresh bond before the learned Trial Court within the period of four weeks. (SHRIHARI P. DAVARE), JUDGE. dbm/crap2694.11