1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.700 OF 2011 Deena V. Sangoi .Applicant V/s. Precimet Diamonds (India) Ltd. .Respondents & ors WITH CRIMINAL APPLICATION NO.701 OF 2011 Ashok R. Shetty .Applicant V/s. Precimet Diamonds (India) Ltd. .Respondents & ors Mr.Kishor Bhatia, Advocate, for the Applicant in both matters Mr.P.B.Naiknaware i/b. M/s.Mohanty & Associates, Advocate, for Respondent No.1 Mrs.M.R.Tidke, APP, for Respondent No.3  State in Cri.Appln.No.700 of 2011 Smt.S.V.Sonawane, APP, for Respondent No.3  State in Cri.Appln.No.701 of 2011 CORAM : R.C.CHAVAN, J. DATE : 1ST DECEMBER, 2011 P.C. . Heard the learned counsel for the respective parties. 2 2. These are the applications for leave to file an appeal against Judgment of the learned Additional Sessions Judge, Greater Bombay acquitting the respondent Nos.1 & 2 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 reversing their conviction for the said offence by the learned Metropolitan Magistrate, 18th Court, Girgaon, Mumbai. The learned Additional Sessions Judge seems to have been influenced by an order passed by the Income Tax officer, who was examined as DW-1 in a matter pertaining to the accused holding that the transactions were Hawala transactions and that there was actually no sale of Diamonds. This is in spite of the fact that the learned Judge had observed that the finding of the Income Tax Authority could not be said to be conclusive proof of the fact that the transactions were Hawala. When the accused claimed that there was no transaction with the Complainant, there would have been no occasion 3 for the accused to pay a sum of Rs.1,00,000/- to the Complainant. The learned counsel for the accused in the trial Court states that this amount was paid out of charity or mercy. All this would require examination in depth. In Cri.Appln.No.701 of 2011, there is no payment made by the accused to the Complainant. 3. Leave granted. 4. Admit. 5. Call for R & P. 6. Action under Section 390. (R.C.CHAVAN, J.)