IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPA) No.73/2011 ( Shri Kailash s/o Dhanraj Batra ..Vs.. Shri Narendra O. Nichlani & another ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. M. Anil Kumar, Adv. for applicant. CORAM : M.N. GILANI, J. DATED : 20.6.2011. Heard learned counsel for the applicant. Perused the judgment delivered by the Judicial Magistrate, First Class, Nagpur in Summary Criminal Case No.9245/2009, dated 30/7/2010. In para 4 of the judgment, learned Magistrate has observed that the applicant and the respondent were having cordial relations and respondent borrowed an amount of Rs.1,00,000/- from the applicant. In turn, the respondent issued a cheque in favour of the applicant and said cheque on presentation was dishonoured for insufficient funds in the account of the respondent. However, learned Magistrate observed that it was a money lending transaction and therefore, proceeded to acquit the respondent. The definition of ‘loan’ occurring under section 2(9)(f) of the Bombay Money Lenders Act, 1946, is as follows :- “an advance, of any sum exceeding rupees three thousand made on the basis of a negotiable instrument as defined in the Negotiable Instruments Act, 1881, other than a promissory note.” Arguable points are involved. Special leave to appeal is granted. Appeal : Admit. Action under section 390 of the Criminal Procedure Code. Bailable warrant in the sum of Rs.3,000/- (Rs. Three Thousand Only). Returnable after eight weeks. JUDGE Tambaskar.