1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1390 OF 2009 Sanjay Ganesh Kanade .. Applicant V/s. The State of Maharashtra & Anr. .. Respondents Mr.Shahid Irfan for the applicant. Ms.M.H.Mhatre, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : 13th JULY, 2009. P.C. Heard learned Advocate Mr.Irfan for the applicant original complainant. 2. Respondent No.2 is already served, however, none for Respondent. Perused the documents filed alongwith the application for leave to prefer an appeal against the acquittal of Respondent No.2 in the matter of offence punishable under section 138 of Negotiable Instruments Act. 3. It appears that Respondent No.2 had taken a loan of 2 Rs.70,000/- and executed a sort of writing titled as promissory note in the year 2003. Rate of interest was agreed at Rs.21 % p.a. In discharge of such loan apparently a cheque for Rs.95,000/- and odd came to be given by the accused to the complainant. Cheque is dated 1st September, 2005. Apparently, applicant produced money lending license but did not produce the register required to be maintained under the money lending Act. This aspect was weighted with the Trial Magistrate and he was influenced with the defence of the Respondent No.2 accused that complainant had misused the blank cheque given to the complainant and in fact fabricated the document of promissory note on stamp of Rs.20/- on which said promissory note was typed, was produced by the complainant. 4. It appears that Trial Magistrate has overlooked the aspect of presumptions envisaged in section 118 and 139 of Negotiable Instruments Act. In that event, in the opinion of this Court, there is a triable issue before this Court in appeal to ascertain the correctness and legality of the impugned order of acquittal. Hence, leave is granted. 5. Appeal is admitted. 6. Call for R & P. 7. With these directions leave petition is disposed of. 3 (A.R. JOSHI, J.)