1 crap5372.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 5372 OF 2010 Vridheshwar Agri.Produce Transport Pvt.Ltd.,Adinathnagar, Tq.Pathardi, Dist.Ahmednagar ...Applicant (Original complainant) VERSUS Namdeo s/o Laxman Magar & anr. ...Respondents (No.1 original accused) ..... Shri G.B.Rajale, advocate for applicant Shri S.T.Gaike, advocate for respondent no.1 Smt. Y.M.Kshirsagar, A.P.P. for respondent no.2 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 21 st June, 2011 PER COURT : 1 Heard 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 14.10.2010, rendered by Judicial Magistrate, First Class, Pathardi, in 2 crap5372.10 S.T.C. No.452 of 1995 (J), thereby acquitting the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act. 3 I have perused the impugned judgment and order, dated 14.10.2010 and the R. and P. with the assistance of learned counsel for the parties. 4 Apparently, on perusal of the impugned judgment and R. and P., the question arises how the accused has probablised his defence and how the accused has rebutted the presumption raised against him under Section 118 (a) and 139 of the Negotiable Instruments Act on preponderance of probability and learned counsel for the respondent could not satisfy the said aspect clearly and convincingly. 5 Hence, the matter requires reconsideration, and therefore, present application seeking leave to file appeal is allowed. Present application be treated as appeal. 6 Admit. Shri S.T.Gaike, advocate waives service of notice for respondent no.1 and Smt. Y.M.Kshirsagar, A.P.P. waives service of notice for respondent no.2, after admission. 3 crap5372.10 7 Respondent no.1 (original accused) to furnish same bail, but to execute fresh bond before the Trial Court, within the period of four weeks. (SHRIHARI P. DAVARE), JUDGE. dbm/crap5372.10