IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO. 113 OF 2011 IN STAMP NUMBER MAIN NO. 503 OF 2011 THE CANDOLIM URBAN COOPERATIVE CREDIT SOCIETY LTD., REP. BY ITS MANAGER MR. SANDEEP V. BANDEKAR ... Applicant Versus MR. UMAKANT HARI MAHALE ... Respondent Mr. S. R. Rivonkar, Advocate for the applicant. Mr. C. A. Ferreira, Public Prosecutor for respondent no.2. None for respondent No.1. Coram:- F. M. REIS, J. Date:- 23rd November, 2011 P.C. Heard Shri S. R. Rivonkar, learned counsel appearing for the applicant and Shri C. A. Ferreira, learned Public Prosecutor appearing for respondent no.2. None for the respondent no.1. 2. This is an application for seeking special leave to appeal against the judgment dated 13.12.2010 passed by the learned J.M.F.C.,at Mapusa, in case No. OA/456/NIA/2010/A, whereby the respondent no.1 has been acquitted of the charges against him for committing an offence under Section 138 of Negotiable Instruments Act. 3. Shri S. R. Rivonkar, learned Counsel appearing for the applicant has pointed out that the learned Judge has essentially acquitted the respondent no.1 on the ground that the applicant has not established as to how the cheque was only for a sum of Rs.38,000/- and the books of account of the applicant discloses that the amount due from the respondent no.1 was for a sum of Rs.53,000/-. On persual of the impugned judgment, I find prima facie that the learned Judge has not appreciated the evidence in its proper prospective. The cheque can be considered to be in part payment of the amount due to the applicant. In any event, this aspect will have to be considered at the time of hearing of the appeal. Prima facie, I find that the learned Judge has not considered the material on record in accordance with the well settled principles of law. Hence, the application is allowed. Special leave to appeal against the judgment of acquittal of respondent no.1 is granted. The respondent no.1 is directed to comply with the action under Section 390 of the Criminal Procedure Code on the same terms as in force during the trial before the learned J.M.F.C., Mapusa. The respondent no.1 shall also remain present at the time of the final hearing of the above appeal. F. M. REIS, J. at*