( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3036 OF 2009 The Maharashtra State Cooperative Marketing Federation, Mumbai, through the District Marketing Officer Shri Babasaheb Baburao Agao APPLICANT VERSUS M/s Shetkari Krishi Seva Kendra, through its Proprietor Sandeep s/o Shankar Kulkarni. RESPONDENT ..... Mr. P.D. Suryawanshi, advocte holding for Mr. D.N. Suryawanshi, advocate for the applicant. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 11th September, 2009] PER COURT : 1. Heard. 2. The applicant filed complaint (STC No. 1747/2002) for offence punishable under section 138 of the Negotiable Instruments Act. The case of the applicant was that the respondent was given goods on credit. In view of discharge of the existing liability, he issued two (2) cheques on 29th April, 2002 for Rs. ( 2 ) 2,00,000/- and Rs. 3,72,584/-. The cheques were dishonoured when presented to the Bank. The defence of the respondent was that the previous Marketing Officer Shri Gulve had obtained the two blank cheques by way of guarantee for Rs. 2,00,000/-. The learned Magistrate noticed that the applicant produced on record the extract (Exh-47) of the accounts. The learned Magistrate, however, came to the conclusion that there was no other evidence to show that the goods were given to the respondent on credit basis. The reasoning of the learned Magistrate would show that the respondent has been acquitted on the ground that the extract of the Bank account was not admissible in evidence. Thus, the question of admissibility of the extract of the accounts is required to be considered. The respondent did not examine Shri Gulve in his defence, who had allegedly obtained the said two cheques from him by way of security. Considering the nature of the evidence adduced, I find that this is a fit case in which leave to appeal will have to be granted. Accordingly, the leave to appeal is granted. The application is allowed. 3. Admit the appeal. ( 3 ) 4. Call for record and proceedings. 5. Print is dispensed with. 6. The appellant to file private paper-book within ten (10) weeks. [ V.R. KINGAONKAR ] JUDGE NPJ/criapln3036-09