1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4507 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 Data Care Co-operation .. Applicants V/s. Dhairyasheel Jadhav & Anr. .. Respondents Mr.A.Z.Mookhtiar and Mr.Dinesh Mishra i/b.K.Ashar & Co.for the Applicants. Mr.D.P.Adsule, A.P.P.for the State. None for Respondent No.1. CORAM : A.R.JOSHI, J. DATED : JUNE 22ND,2009. P.C. Heard learned counsel appearing for the applicants. 2. In this matter the delay of 56 days is already condoned. It is the application for leave to file an appeal against the order of acquittal of Respondent No.1 original accused in the matter of offence punishable under section 138 of Negotiable 2 Instruments Act. Affidavit of service is filed mentioning that Respondent No.1 refused to accept the packet sent to him by R.P.A.D. None for Respondent No.1. 3. Apparently, it is the defence of Respondent No.1 that he had given blank cheque to the original complainant present applicant. There is no reason mentioned for giving such blank cheque with signature of Respondent. Apparently, account statement produced by the applicant complainant was referred by Respondents accused during cross examination, however it was not read in evidence by the Trial Magistrate. The dishonour cheque is for Rs.21,000/- and odd. There appears to be an issue to be tried before this Court in an appeal to ascertain the correctness and legality of the impugned order of acquittal. Hence, leave petition is allowed. 4. Appeal is admitted. 5. Call for R & P. 6. With these directions, leave petition is disposed of. 3 (A.R. JOSHI, J.)