( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3691 OF 2009 Pashupati s/o Shriram Khurpe APPLICANT VERSUS Sitaram s/o Toliram Chavan RESPONDENT .... Mr. Abhijit Choudhari, advocate holding for Mr. D.J. Choudhary, advocate for the applicant. Mr. M.S. Karad, advocate holding for Mr. S.S. Thombre, advocate for the respondent No. 1. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 28th September, 2010] PER COURT : 1. Heard learned advocates. 2. The application is for leave to appeal under section 378 (4) of the Criminal Procedure Code. 3. The respondent is acquitted for offence punishable under section 138 of the Negotiable Instruments Act. It appears that the respondent issued the cheque dated 17-12-2007 for Rs. 2,50,000/-. The learned Magistrate noticed that the Bank memo (Exh-26) does not refer to the cheque in question and, therefore, on technical ground, the respondent came to be acquitted. The learned Magistrate held that the applicant ( 2 ) failed to prove that the cheque in question was dishonoured due to insufficiency of the funds in the account of the respondent. It appears that the demand notice was issued to the respondent, but he did not give any reply. It appears further that the conduct of the respondent is not properly appreciated by the trial Court. Under the circumstances, there appears sufficient ground to grant leave to appeal. Therefore, the application is allowed and the leave to appeal is granted. 4. Admit the appeal. Mr. Karad holding for Mr. S.S. Thombre, waives service for the respondent. [ V.R. KINGAONKAR ] JUDGE NPJ/criapln3691-09