IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3477 OF 2007 IN CRIMINAL APPEAL NO. OF 2007 Arihant Engineers, through its proprietor Subhash B.Dhonde )..Applicant Versus Hirakani Milk & Milk Products & Anr.)..Respondents ---- Mr.S.A.Rajeshirke for the applicants. Ms.Pratiksha Mohite i/by Pratap Patil for respondent nos.1 & 2. Mrs.R.M.Gadhvi APP for the State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 22.9.2008. PC 1. Heard both sides. Perused the record. This is an application for leave to appeal. The accused has been acquitted for an offence punishable under Section 138 of Negotiable Instruments Act. In my view, arguable points have been raised in the application. It is seen that the letter of demand was in respect of an amount which was an excess of the amount mentioned in the cheque. The cheque has been issued immediately after receipt of the demand letter (Exh.43) for lesser amount. The case of the accused was that the cheque was issued for some other purpose. The question is whether the evidence in this regard led is sufficient. Hence, leave granted. Office to number the appeal. : 2 : CRIMINAL APPEAL NO. OF 2007 1. Leave has been granted by a separate order passed today. Hence, appeal admitted. Advocate for the applicant in the application waives notice. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)