( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 383 OF 2009 Vishal Babasaheb Khedkar APPLICANT VERSUS Jamil Beg s/o Bashir Beg @ Babubhai RESPONDENT ..... Mr. B.S. Kudale, advocate holding for Mr. H.T. Joshi, advocate for the applicant. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 15th September, 2009] PER COURT : 1. Heard. 2. Though served, the respondent remained absent. 3. The respondent admittedly issued the cheque in question. The cheque was dishonoured. The case of the applicant was that due to previous acquaintance, he had given loan of Rs. 80,000/- to the respondent on 05-03-2007. The demand notice (Exh-40) was not replied by the respondent. The applicant deals in business of ( 2 ) juice vending. The reasoning of the learned Magistrate would show that the loan transaction was not proved. The learned Magistrate gave much importance to the ink used in the body-writing of the cheque and for the signature. Considering the nature of judgement rendered by the learned Magistrate, the leave to appeal is granted. The application is allowed. 4. Admit the appeal. 5. Call for record and proceedings. 6. Print is dispensed with. The appellant to furnish private paper-book within ten (10) weeks. Notice to the respondent. [ V.R. KINGAONKAR ] JUDGE NPJ/criapln383-09