1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.358 of 2009 In Cri.Appeal St.No.74/2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. The applicant is original complainant. He seeks leave to appeal U/s 378(4) of the Cr.P.C. The Respondent was tried before the learned Judicial Magistrate (F.C.), Kopargaon, in a Criminal case bearing RTC No.111/2006, for offences U/ss 420, 471 of the I.P.Code. The Respondent has been acquitted by the trial Court. The case of the appellant was that the Respondent assured him to deliver a tractor vehicle before Bank loan was sanctioned and, therefore, he paid Rs.10,000/- (Rupees ten thousand) to the Respondent on 21.10.1998. He lateron paid Rs. 40,000/- (Rupees forty thousand) to the Respondent. Thereafter, the cheque was given to him which the Respondent allegedly misused. Considering the nature of transaction, there is prima facie material to infer that intention of the Respondent may not be of an honest dealer. Though bailable warrant is served, yet, the Respondent has not appeared. The learned Judicial Magistrate only considered that now the appellant has received the tractor, trolley and cultivation accessories. Whether he was cheated by obtaining Rs.11,000/- (Rupees eleven thousand) at the initial stage is required to be considered. Hence, leave to appeal is granted. 2. The appellant to furnish private paper book within ten (10) weeks. 3. Notice of appeal be issued to the Respondent. (V.R.KINGAONKAR,J.) Dt.24.08.2009. asp/office/Crapp358.09