1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.1556 of 2008 In Criminal Appeal St.No.327/2008. _______________________________________________________________ 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. A private complaint case instituted by the applicant ended in acquittal of the Respondent. The complaint case was filed for offence U/s 138 of the Negotiable Instruments Act. The learned Judicial Magistrate held that existing liability to repay hand loan of Rs.25,000/- (Rupees twenty five thousand) was not proved. The petitioner is a Medical Practitioner. He proved the fact that the Respondent issued cheque No.305441 for amount of Rs.25,000/- (Rupees twenty five thousand). The learned Magistrate appears to have ignored legal presumption available U/s 139 of N.I. Act. The petitioner examined P.W.2 Suresh, who is Branch Manager of the S.B.H. branch at Basmatnagar. The learned Judicial Magistrate observed that there was difference in signature which could be one of the ground to dishonour the cheque. It appears that the learned Magistrate invented a new case and discarded the version of the petitioner only for the reason that the petitioner could not spell out correct address of the Respondent, during course of cross-examination and as such the possibility of hand loan transaction did not exist. The learned Magistrate observed that the petitioner is Medical Practitioner, whereas the Respondent is a shop keeper and, therefore, also such transaction between them could not be readily believed. It appears that the learned Magistrate did not properly appreciate certain facts. Considering the relevant aspects of the matter, this is a fit case in which leave to appeal may be granted. Hence, leave is granted. The appeal be registered. 3. Admit. 4. Call R & P. (V.R.KINGAONKAR,J.) Dt.03.08.2009. asp/office/Crapp1556.08