1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5235 OF 2010 Dastgir Mohmad Mulla .Applicant V/s. Sunil Madhukar Joshi & anr. .Respondents Mr.Pravartak Pathak i/b. Mr.Uday Warunjikar, Advocate, for the Applicant Mr.Chetan Patil, Advocate, for Respondent No.1 Smt.V.R.Bhosale, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 15TH DECEMBER, 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 Judicial Magistrate F. C., Jaysingpur. The complainant stated in his cross examination that the cheques were written and signed in his presence. He also 2 admitted that the contents of the cheques as regards to the name of the payee are not in the hand writing of accused. If the cheques were written and signed in his presence, there would be no reason for payee's name appear to be in the hand writing. In view of this, view taken by the learned Magistrate was perverse or improbable. Leave refused. Appeal dismissed. (R.C.CHAVAN, J.)