IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2650 OF 2007 ALONGWITH CRIMINAL APPLICATION NO.2651 OF 2007 Dr.Mohan N.Bhave )..Applicant Versus State of Maharashtra & Ors. )..Respondents ---- Mr.Khandeparkar i/by Mrs.S.A.Joshi for the applicant. Mrs.A.A.Mane APP for the respondent/State. Mr.Vishal Khanavkar & Kedar Dighe for respondent no.2 in Criminal Application No.2651/2007. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 8.7.2008. PC 1. This is an application for leave to appeal against acquittal of original accused nos.3, 4 & 5. While convicting original accused nos.1 & 4, out of which accused no.4 signed the cheque, accused nos.3, 4 & 5 have been acquitted on the ground that there is no sufficient averment. In paragraph-6 of the complaint, it is stated that accused nos.3, 4 & 5 being directors of the company are very actively associated with the business of the company. It is not stated that they were at the relevant time incharge of the affairs of the company. Some attempt was made to show that accused no.5 has signed some letters. In my view that by itself, is not sufficient. Hence, leave refused. : 2 : Consequently, appeal papers to be filed. CRIMINAL APPLICATION NO.2651 OF 2007 1. This is an application for leave to appeal against the acquittal of accused nos.2, 3 & 4. It is seen from the complaint that accused nos.2, 3 & 4 were said to be active directors of accused no.5 company. The trial Court has convicted the signatory of the cheque. However, as far as accused nos.2, 3 & 4 are concerned, there is no sufficient averment as required by law. Hence, leave refused. Consequently, appeal papers to be filed. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)