1 Appln 4726-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4726 OF 2010 Mulchand Ramji Saiya .Applicant V/s. Premji Ratanshi Gangar & anr. .Respondents Mr.Q.M.Ashfaq, Advocate, for the Applicant Mr.P.K.Howal, Advocate, for Respondent No.1 Mr.Rajesh More, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 28TH JULY, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for leave to file an Appeal against acquittal of respondent No.1 ordered by the learned Metropolitan Magistrate, 59th Court, Kurla. The learned Magistrate held that the respondent No.1 - accused had admitted having received a sum of Rs.3,00,000/- as a loan from the complainant and had signed the requisite 2 Appln 4726-2010 pro-note etc. However, he found that this advance amounted to money lending and devoted four paragraphs of his Judgment for drawing the conclusion that since the Complainant had indulged in money lending without license, the accused could not be held guilty. While doing so he had relied on the Judgment in Anil Kataria Vs. Purshottam P. Kawane (Criminal Appeal No.139/09 dated 21-11-2009). In Anil Kataria Vs. Purshottam P. Kawane this Court had not noticed that advance of loan under Section 2(9) of the Bombay Money Lenders Act excludes, by virtue of Clause (f), an advance of any sum exceeding Rs.3000/- made on the basis of a Negotiable Instrument. The learned Magistrate who devoted four paragraphs of his Judgment to consider whether the advance was money lending should have taken the trouble of reading the definition of loan and all his doubts would have been settled. In view of this, leave granted. 3 Appln 4726-2010 3. Admit. 4. Call for R & P. 5. Action under Section 390. (R.C.CHAVAN, J.)