( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2768 OF 2009 Sandesh s/o Gurusidha Shahir APPLICANT VERSUS Shashikant s/o Somnath Bhaybhang RESPONDENT ..... Mr. N.E. Deshmukh, advocate for the applicant. Mr. V.S. Bedre, advocate for the respondent. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 5th October, 2009] PER COURT : 1. Heard. 2. Mr. Deshmukh would submit that the story put forth by the respondent/accused is rather improbable. Admittedly, the parents of the applicant were working as agricultural labours in the land of the respondent. It prima facie appears, therefore, that the applicant purchased the tractor vehicle with a view to earn money by giving it on rent. The learned Magistrate appears to have relied on solitary version of the land holder by ( 2 ) name Appasaheb Arjun Shete. The question about liability to repay is required to be determined. The demand notice was not replied. In this view of the matter, I am of the opinion that special leave to appeal deserves to be granted. 3. Admit the appeal. 4. Call for record and proceedings. 5. Print is dispensed with. [ V.R. KINGAONKAR ] JUDGE NPJ/criapln2768-09