1 APPLN 108 OF 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.108 OF 2010 Sangita Toshniwal .. Applicant -versus M/s Success Telesolution, Pune and anr .. Respondents. Mr. P. G. Sarda, for the applicant. Mrs. M. R. Tidke, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 13th December, 2011 P.C. 1. This is an application for leave to file appeal against the acquittal of the respondent by the learned Judicial Magistrate First Class, Court No.4, Pune, for the offence punishable under Section 138 of the Negotiable Instruments Act. The defence which was accepted by the learned Magistrate, was that the blank cheque was taken by the complainant from the accused on which complainant wrote the amount of Rs.2,00,000/- as also the date. He found that the complainant had failed to prove the details of loan of Rs. 2,00,000/- given to the accused, though the accused had admitted that some loan was taken by the accused from complainant. The learned Magistrate also found that the activities indulged in by the complainant amounted to illegal money lending. The definition of ‘loan’ under clause (9) of 2 APPLN 108 OF 2010 section 2 of the Bombay Money Lenders Act, 1946, itself excludes advance exceeding sum of Rs.3,000/- made on the basis of a negotiable instrument as defined in the Negotiable Instruments Act, 1881 and therefore, there is no question of provisions of Money Lenders Act being attracted to advance made against negotiable instruments like cheques and therefore, there is no question of loan transaction requiring any license under the Act. 2. Learned counsel for the applicant also submits that the blank cheque given as security also could attract liability under Section 138 and for this purpose relied on judgment of this Court in Nishith M. P. Verlekar -vs- Ashpaque Marfani reported in 2009 (3) Bom. C.R(Cri) 274, and Smt. Kiran w/o Yugalkishore Bhattad -vs- Smt. Sushila w/o Ramcharan Kattamwar and anr, reported in 2010 All M.R. (Cri) 1147. In view of this leave granted. Admit. Call Record and Proceeding. Action under Section 390 of Code of Criminal Procedure. (R. C. CHAVAN, J.)