1 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5341 OF 2010 Indoco Remedies Ltd. ...Applicant/Orig.Complt. Vs. State of Maharashtra & Anr. ...Respondents/Orig.Accused Mr. S. Punalekar with Janhvi Lanjrekar i/b. PRS Legal for the Applicant Janhvi Lan jekar i/b. PRS Legal for Applicant's Mrs.M.M. Deshmukh, A.P.P for the State CORAM : SMT. ROSHAN DALVI, J. DATED : 2ND MAY, 2011 P.C. : 1. This is an application for leave to file appeal against the order of acquittal in a criminal prosecution under Section 138 of Negotiable Instrument Act. The Applicant is a Pharmaceutical Company. Respondent No.2 was its distributor under certain agreements between the parties for distribution. A D.D. of Rs.5 lakhs and 2 blank cheques came to be given by the Respondent No.2 to the Applicant. Certain copies were supplied. Invoices were drawn. Some goods came to be returned upon expired date of products. Accounts were taken. Liability was ascertained. For the outstanding liability one of the blank cheque was given by the Applicant. That was deposited. That cheque is dishonoured. That represents the liability under the contract which is legally enforceable for the outstanding debts. The execution of the blank cheque is admitted. A statutory presumption can be drawn. It is 2 for the accused to show that there is no outstanding liability. That is not done. Hence acquittal must come up for reconsideration. 2. Notice was issued to Respondent No.2. Respondent No.2 appeared on 8th April 2011. He applied for time. Time was granted till today. He has not appeared. Leave to appeal is granted. 3. Appeal to come up for admission on 22 nd June 2011. In view of the narrow issues it shall be taken up for final hearing. The Applicant shall serve private notice to Respondent No.2. The Applicant shall also serve the copy of this order to Respondent No.2 as he appears in person. (SMT.ROSHAN DALVI, J.)