1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.159 of 2009 In Cri.Appeal St.No.25/2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. Leave to appeal is sought against judgment of acquittal in STC No.4588/2006. The learned Magistrate acquitted the Respondent mainly for the reason that the applicant (complainant) could not furnish his income proof regarding his financial capacity. The learned Magistrate seems to have overlooked the presumption available U/s 139 of the N.I.Act. It is true that P.W.1 Anil admitted that he was not having any documentary evidence to show as to how he could have the amount of Rs.89,00,000/- (Rupees eighty nine lacs) with him. The learned Magistrate held that probably P.W.1 Anil was doing money lending business without licence. This part of the finding is prima facie contrary to the observation that there was no income proof and hence, version of P.W. Anil could not be believed. The impugned order requires reconsideration in view of such inconsistency. Leave to appeal is granted. 3. Admit. 4. Call R & P. 5. Print dispensed with. (V.R.KINGAONKAR,J.) Dt.10.09.2009. asp/office/Crapp159.09