1 Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1136 OF 2009 IN CRIMINAL APPEAL No. of 2009 Abubakar Abdul Raufkhan .. Applicant. vs. The State of Maharashtra and Anr..Respondents. Mr Piyush Shah,Advocate for the applicant. Mr Pradeep Singh,Advocate for Respondent No.2. CORAM: : A.R. JOSHI,J. DATE : 2nd July, 2009. P.C.:- 1. Heard rival submissions for some time. It is the application for leave to file appeal against the order of acquittal of the respondent No. 2- accused for the offence arising out of the proceeding under section 138 of the Negotiable Instruments Act, 1881( the N.I.Act for short). 2. Perused the documents annexed to the application and the appeal memo and also perused the reasoning given by the Trial Magistrate in the impugned judgment. It appears that defence of the accused-respondent is that of total 2 denial and secondly that of giving blank cheques for security and allegedly used by the complainant to suit his case. It is also the defence of the accused that he used to purchase oil from the complainant,however, had paid all the dues by cash. 3. It appears that though the learned Magistrate was not influenced by the defence of giving of blank cheques, still the Trial Magistrate considered that the complainant failed to establish legally enforceable liability and this was held on account of certain discrepancy in the total bill amounts though delivery challans were produced by the complainant. 4. Considering the rival submissions and the reasoning given by the Trial Magistrate, in the opinion of this Court, there is triable issue to be dealt with in the appeal in order to ascertain the correctness and legality of the impugned judgment and order of acquittal. 5. In the result, present leave petition is allowed. Appeal is admitted. Call for R and P. (A.R.JOSHI,J)