1 Appln 864-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.864 OF 2011 Charles Joseph Mascrene .Applicant V/s. The State of Maharashtra & anr. .Respondents Rajashree Nair, Advocate, for the Applicant Mr.Rajesh More, APP, for Respondent No.1 - State CORAM : R.C.CHAVAN, J. DATE : 10TH AUGUST, 2011 P.C. . Heard the learned Counsel for the applicant. 2. This is an application for leave to file an appeal against order of acquittal of respondent No.2 passed by the learned Metropolitan Magistrate, 43rd Court, Borivali, Mumbai, holding that the applicant indulged in money lending business and had admitted vide Exhibit 17 that he had paid a sum of Rs. 5,00,000/- to the accused @ 2% per month. The 2 Appln 864-2011 applicant did not have any money lending license. The definition of loan under Section 2(9) of the Bombay Money Lenders Act excludes against negotiable instruments. Therefore, there is no need of money lending license. Leave granted. 3. Admit. 4. Call for R & P. 5. Action under Section 390. (R.C.CHAVAN, J.)