(1) Heard learned Counsel for the parties.

(2) Rule. Rule made returnable forthwith. With the consent of learned Counsel for parties, taken up for final hearing. By the present petition filed by the petitioner (original accused) under Article 227 of the Constitution of India, has prayed that the impugned order dated 7-1-2011, in Criminal Revision No. 114 of 2010, passed by the learned Additional Sessions Judge, Latur, confirming the order passed by the learned Judicial Magistrate (First Class), 5th Court, Latur, below Exhibit 48 in S.T.C.C. No. 1734/ 2009, dated 11-6-2010, be quashed and set aside, and the application filed by the petitioner herein, below Exhibit 48, be allowed.

(3) Parties hereinafter are referred to as per their original status i.e. accused and complainant.

(4) The petitioner herein is the original accused and the respondent no. 1 herein is the original complainant who filed complaint against the petitioner under Section 138 of the Negotiable Instruments Act, 1881, bearing S.T.C.C. No. 1734/2009, which is pending before the learned Judicial Magistrate (F.C.), 3rd Court, Latur. ft is alleged in the said complaint, that the complainant and accused are friends of each other, and the accused is running business at Patil Plaza, Latur, CDs and VCDs, and he is proprietor of Nandraj Cellular. It is also alleged that on 2nd June 2009, accused approached the complainant and demanded Rs. 60,000/- as hand loan for his business. THEreupon, the complainant assured him that he would arrange the said amount within a period of 8 days. Accordingly, on 10th June 2009, accused again approached the complainant and asked for the above referred loan amount. Accordingly, as per need of the accused, complainant paid Rs. 60,000/- to the accused as hand loan and the accused also acknowledged the said amount by executing a receipt in favour of the complainant and assured to repay the said amount within a period of three months. Accused also issued cheque No. 002207 drawn on Axis Bank Ltd., Branch Latur, dated 10-9-2009, to the complainant and assured that the cheque would be honoured. Accordingly, the complainant presented the said cheque for encashment purpose. However, the said cheque was dishonoured and returned unpaid with the endorsement, "insufficient funds", on 11-9-2009. THEreafter, the complainant issued demand notice to the accused on 15-9-2009. However, accused failed to repay the said cheque amount to the complainant. Hence, the complainant filed complaint against the accused under Section 138 of the Negotiable Instruments Act on 6-10-2009, before learned Judicial Magistrate (F.C.), Latur. Accordingly, the complainant adduced / produced his evidence to substantiate his case, and thereafter filed Pursish of closure of evidence at Exhibit 43. On the said background, the accused also adduced and produced his evidence and thereafter filed an application below Exhibit 48, contending therein that the complainant is illegally doing the business of money lending and the accused has obtained loan of Rs. 20,000/- from him on 26-2-2009 and Rs. 10,000/- on 5-6-2009 on interest and handed over blank cheque to the complainant towards the security of the said transaction, and also contended that the accused has repaid earlier loan of Rs. 20,000/-, and he has also paid Rs. 5,000/- towards repayment of another loan of Rs. 10,000/- till 4-8-2009 along with interest thereon. It is the contention of the accused that the complainant himself used to maintain diary of the said loan transaction by making entry of daily collection received from the accused towards repayment of the loan amount. The complainant also gave a chit to the accused which is in his own handwriting. In the said context, it is the contention of the petitioner, that the said document i.e. diary and chit were confronted to the complainant during cross examination, but he denied handwriting thereon. Hence, the petitioner herein made prayer in the said application Exhibit