1 (10) Appln 3388/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Amk CRIMINAL APPLICATION NO. 3388 OF 2010 Deepak Suryakumar Kapadia .. Applicant Vs. The State of Maharashtra & Anr. .. Respondents Mr. S. K. Shah i/b M. S. Dhavale for the Applicant. Mr. Kishor Bhatia for Respondent No.2. Mrs. M. M. Deshmukh, APP for the Respondent State. CORAM : MRS. ROSHAN DALVI, J. Date : 5th May, 2011. P.C. 1. This is an application for leave to file Appeal in a case of prosecution under a dishonour of cheque under Section 138 of the Negotiable Instruments Act. There was friendly loan. Admittedly cheque of Rs.18.50 lacs was issued which was not paid but for which the accused gave cheque of Rs.29.50 lacs and since that was not to be presented, the accused gave three cheques aggregating to Rs.33 lacs. For two of the cheques he has been convicted; for one cheque he has been acquitted. His defence is that he repaid in cash which is not substantiated. He contends that the Applicant is a money lender in view of the rate of interest as can be seen from the aforesaid cheques denoting the interest for the amount in excess of Rs.18.50 lacs. That aspect would have to be considered. 2. Hence leave to Appeal is granted. The Appeal shall come up for hearing after the Revision Applications are disposed of. Once that is done, the R & P shall be called for hearing of this Appeal. (ROSHAN DALVI, J.)