IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.4039 OF 2007

Riyaz B. Naik

.. Applicant

Versus

Dr.Sharad Kshirsagar & Anr.

.. Respondents

Mr.Ganesh Gole for the applicant.

Mr.Dilip Bodake for the respondent no.1.

Ms.A.T.Jhaveri, A.P.P for the State.

CORAM

CORAM

CORAM : A.S.OKA, J.

: A.S.OKA, J.

: A.S.OKA, J.

DATE

DATE

DATE : 18th March 2009.

: 18th March 2009.

: 18th March 2009.

P.C.:

.

Heard the learned advocate for the applicant in

support of this application for grant of special leave

to prefer an appeal under sub-section 4 of section 378

of the Code of Criminal Procedure, 1973.

2.

The applicant filed a complaint against the 1st

respondent alleging commission of offence under section

138 of the Negotiable Instruments Act, 1881. The case

of the applicant in the complaint is that he was

carrying on business of supplying sand. His case is

that he had friendly relationship with the 1st

respondent. The 1st respondent demanded friendly loan

of Rs.01,25,000/- for construction of his house.

Relying upon the 1st respondent, the a