1 APPLN-144.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.144 OF 2011 Ghanshyam D. Katira .... Applicant Vs. Sanjay J. Ganatra & Anr. .... Respondents Shri Vidyashankar Yadav for the Applicant. Ms Usha Dedhia for Respondent No.1. Shri S.A. Shaikh, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: AUGUST 09, 2011 P.C: This is an application for leave to file appeal against the Judgment of acquittal of the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act rendered by the learned Metropolitan Magistrate, 43rd Court, Borivali, Mumbai. The learned Magistrate held that the complainant was a money-lender who maintained books of account and had also claimed that the liability in respect of the disputed cheque was reflected in the income-tax return and that he would produce those documents. The learned Magistrate held that the complainant had failed to prove 2 APPLN-144.11 from the books of account and the income-tax return that the cheque is issued towards the said liability. The learned counsel for the respondent submits that the complainant had produced all these documents and had in fact filed an application, copy whereof is at Exhibit-E under Section 294 of Cr.P.C.. Though the application is not explicit, possibly what the complainant wanted was to call upon the other side to admit or deny those documents. No order was passed on this application. The learned Magistrate could not blame the complainant for his failure to pass an order on the application. Hence leave granted. Appeal is admitted. Call for the R & P.. Since the learned Counsel appearing for the respondent states that she would be representing the respondent, action under Section 390 of Cr.P.C. is dispensed with. (R.C. CHAVAN, J.)