1 CR.APLN.281.2011.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 281 OF 2011 Lal Jaysing Sadhwani ...Applicant Vs. Prashant Kautik Patil ...Respondent Mr. S.B. Patil for Applicant Mr. S.A. Shaikh, A.P.P for the State CORAM: SMT. ROSHAN DALVI, J. DATED : 28TH APRIL 2011 P.C. 1. This is an application for leave to file appeal against the order of acquittal against the order on 138 of Negotiable Instrument Act, 1881. The delay in filing this application has been condoned. The application shall be numbered. 2. The Applicant’s Advocate has argued that the initial criminal prosecution of the Respondent was upon a loan granted by the Applicant/Complainant to Respondent No.1 for which 6 cheques came to be issued by the Respondent for payment. The learned Magistrate under the impugned judgment/order has considered this seminal aspect of grant of loan. The witnesses on behalf of the complainant have not been able to show the particulars of the loan as also of the cheques. The learned Judge has concluded that there was no substantial and enforceable debt for which there is liability to pay. Counsel on behalf of 2 CR.APLN.281.2011.sxw the complainant has drawn my attention to paragraph 2 of the application showing a precise amount of loan granted under an agreement dated 30th December 2004 as also an undertaking-cum- guarantee executed on 12th September 2005. It is not known whether these documents were proved and exhibited in the trial Court. 3. Both Counsel did not have the papers of the trial Court. 4. The related matters between the parties have been kept on the board of this Court on 3rd May 2011. Hence at present even this application is stood over till 3rd May 2011. 5. The Advocate for the Applicant shall produce a copy of the entire record of the trial Court including the oral evidence and the documents. (SMT. ROSHAN DALVI, J.)