1 Appln 201-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.201 OF 2011 Mahesh Sambhaji Mohite .Applicant V/s. Madhukar Shivaji Panse & anr. .Respondents Mr.Shekhar Ingawale, Advocate, for the Applicant Mr.J.P.Kharge, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 23RD JUNE, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for leave to file an appeal against acquittal of respondent No.1 ordered by the learned JMFC, Tasgaon for the offence punishable under Section 138 of the Negotiable Instruments Act on two grounds: the first is that the officer of the Bank, who was examined could not state whether the Memo 2 Appln 201-2011 of Dishonour was issued by his own Bank and secondly, on 29th October, 2008 as per the extract of account there was sufficient balance in the account of Narsinha Krishiseva Kendra of respondent No.1. The learned Magistrate seems to have omitted to read the letters Dr after the balance of Rs. 5,38,204.30 shown on 29th October, 2008. It was debit balance and the amount was not in the credit of the respondent. Therefore, it cannot be said that cheque return memo contained any incorrect recital. Leave granted. Admit. Call for R & P. Action under Section 390. (R.C.CHAVAN, J.)