1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPA) NO.437/2010 (Prakash Jumde .vrs. K.C. Vankatgiri) with CRIMINAL APPLICATION (APPA) NO.438/2010 (Prakash Jumde .vrs. K.C. Vankatgiri) with CRIMINAL APPLICATION (APPA) NO.439/2010 (Prakash Jumde .vrs. K.C. Vankatgiri) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.S. Deshpande, Advocate for applicants, Mr. N.H. Joshi, Advocate h/f Mr. A.S. Jaiswal, Advocate for respondents. .......... CORAM : P.D. KODE, J DATED : MARCH 31, 2011 Heard. By batch of these applications, the applicant has sought leave u/s 378(4) of Cr.P.C. for granting leave to prefer an appeal against the judgment and order of acquittal recorded by the appellate court in an appeal preferred by the respondent/original accused in Summary Criminal Case instituted upon private complaint for commission of offence u/s 138 of Negotiable Instruments Act against the judgment and order of conviction recorded against him by the trial court. Thus, there being no concurrent finding in favour of either party, the matter 2 needs examination. Furthermore, having regard to the ratio in a decision in the case of K.H. Ganesh Rao .vrs. H. Gopal reported in 2010 Cri.L.J. 4755 delivered by Division Bench of Karnataka High Court and so also the decision of Apex Court in the case of M/s. Goyal Enterprises .vrs. State of Jharkhand and another reported in AIR 2008 SC 1510 pointed out by the learned counsel for the applicant and the learned counsel for the applicant having made a statement that to his knowledge there is contrary decision of this court, the appellant has made out a case for granting leave as sought for. Leave granted. At this stage, the learned counsel for the applicant states that considering the subject matter of appeal being an offence u/s 138 of Negotiable Instrument Act, the matter may be disposed at the admission stage. The learned counsel for the applicant states that he may be permitted to file private paper book. Request granted. The learned counsel for the applicant to furnish private paper book within a period of eight weeks from today. Liberty to apply for listing the matter for admission. The applications stand disposed of. Criminal Application (APPP) Nos.975/2010 & 976/2010 Heard. For the reasons mentioned in the applications, the same are allowed. JUDGE Gulande