1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO. 729/2011 Vinod Manoharrao Kewte ..vs.. Sachin Shamsundar Vaidya and anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Sudhir Malode, Advocate for applicant. Mr. V. A. Thakre, A.P.P. for State. CORAM : M.N.GILANI, J. DATE : NOVEMBER 30, 2011. 1. Heard learned counsel for the parties. 2. The applicant is original complainant in Summary Criminal Case No. 576/2003 on the file of Judicial Magistrate First Class, Katol. Respondent no.1 is original accused. Alleging that the cheque issued by accused was dishonoured, a complaint under Section 138 of the Negotiable Instruments Act was filed. The complainant examined himself and relied upon documentary evidence. The learned Judicial Magistrate First Class acquitted the accused. The perusal of the judgment impugned shows that the learned Magistrate only dealt with the defence put forth by accused ignoring the true import of Section 139 of the Negotiable Instruments Act. In fact, there was no denial to the fact that the cheque was signed by accused and delivered to the complainant. 2 3. Considering the facts of the case, I find it appropriate to grant leave to file appeal. Hence, leave granted. 4. The application stands disposed of accordingly. 5. Appeal : Admit. Call for record and proceeding. 6. Action under section 390 of the Code of Criminal Procedure. JUDGE kahale