1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.308 of 2009 In Cri.Appeal St.No.65 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The application is for leave to appeal. The Respondent was prosecuted for offence U/s 138 of the Negotiable Instruments Act, in SCC No.3351/2005. On perusal of the impugned judgment, it is apparent that the Respondent did not enter the witness box. It further appears that version of the complainant was discarded because the receipt book was not produced along with the complaint and that the transaction about sale of tyres to the Respondent was not duly proved. The learned Magistrate seems to have observed that burden was on the complainant and that due to non-production of such documents at the appropriate time, presumption U/s 139 of the N.I. Act, stood rebutted. This aspect needs consideration and, therefore, leave to appeal is granted. 3. Admit. 4. The appellant to furnish private paper book within ten (10) weeks. 5. Mr.P.B. Waghmare, learned advocate holding for Mr. Santosh Bhosale, advocate waives service for the Respondent. (V.R.KINGAONKAR,J.) Dt.28.08.2009. asp/office/Crapp308.09