1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2824 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. None present for the applicant who is original complainant. He wants to file appeal against the order passed by the learned Judicial Magistrate, First Class (Court No.2) in S.C.C. No. 5454of 2008. decided on 28.5.2009, whereby she acquitted the Respondent of the offence punishable under Section 138 of the Negotiable Instruments Act. 2. Though in the first line of present application it is stated that the the same is under Section 378 (4) of the Code of Criminal Procedure, 1973, there is no prayer for grant of special leave even by way of amendment. Prayer clauses are as follows; (A) Criminal Application may kindly be allowed. 2 (B) The impugned Judgment and order passed by learned Judicial Magistrate, First Class at Aurangabad in S.C.C. No.5474/2008 on dated 28.5.2009 may kindly be quashed and set aside and be further directed to remand the matter for Re-hearing. (C) The accused may kindly be punished according for the same. And compensation under section 357 of Cr.P.C. to the original complainant from accused and oblige. (D) Any other suitable and equitable relief may kindly be granted in favoaur of the original complainant. " 03. Such an application is not tenable in law. There should have been specific prayer for special leave to appeal which is not made. 4. Hence, application rejected. Date:05/12/2009 (P.R.BORKAR, J.) pnd/criap2824.09 3