1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.2222 of 2007 In Cri.Appeal St.No.457/2007. _______________________________________________________________ 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. The application is for leave to appeal against judgment of acquittal rendered in STC No.801/2004. The learned Judicial Magistrate acquitted the accused for offence punishable U/s 138 of the Negotiable Instruments Act. In an identical matter, similar Criminal Application No.2414/2007 has been rejected by this Court. The impugned judgment reveals prima facie that applicant was arrested by the Police, somewhere in July 2002. He narrated that he had lent amount to the accused before about eight (8) months of the arrest. His testimony and the pleadings were found at variance. He was unable to locate in which month the amount of Rs. 1,50,000/- (Rupees one lac fifty thousand) was given as hand loan to the accused. The witness of the accused i.e. Laxmanrao Bhalerao stated that the accused had lodged a complaint. Considering the attending circumstances, the learned Magistrate came to the conclusion that there was no existing liability for which cheque in question was issued. The inference drawn by the learned Magistrate is supported by the evidence and attending circumstances on record. Hence, leave to appeal is refused and the application is dismissed. (V.R.KINGAONKAR,J.) Dt.20.08.2009. asp/office/Crapp2222.07