1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1366 OF 2009 IN CRIMINAL APPEAL NO. OF 2008 Ananda Govind Dongre .. Applicant V/s. The State of Maharashtra & Anr. .. Respondents Mr.J.J.Shukla i/b.G.H.Shukla & Co.for the Applicant. Mrs.M.H.Mhatre, A.P.P.for the State. None for Respondent No.2. CORAM : A.R.JOSHI, J. DATED : JUNE 16TH,2009. P.C. Heard learned Advocate Mr.Shukla for the applicant. None for Respondent No.2, though served. 2. It is the application for leave to file an appeal against the acquittal of Respondent No.2 in the matter of offence punishable under section 138 2 of Negotiable Instruments Act. Perused the reasoning given by the Trial Magistrate while arriving at the acquittal. Apparently, the trial Magistrate were weighted with the defence of theft of the cheque. Apparently, the complaint for such theft was filed by Respondent NO.2 somewhere in June-2006, however, the alleged theft took place somewhere in March-2006. It appears that signature on the cheque has been accepted by Respondent No.2 and as such trial Court held that there is prima facie presumption under section 118 and 139 of Negotiable Instruments Act. However, observed that such presumption was rebutted by the accused. It appears that there is an issue which is to be tried in the appeal before this Court in order to ascertain the correctness and legality of the impugned order of acquittal. Hence, present leave petition is allowed. 3. Appeal is admitted. 4. Call for R & P. 5. With these directions the leave petition is disposed of. (A.R. JOSHI, J.) 3