((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2576 OF 2006 Jay Containers Services Co. Private Limited Applicant versus The State of Maharashtra & ors. Respondents Satish L. Maneshinde for applicant. J.P.Yagnik, APP for State. CORAM : A.S.OKA, J. DATE : 04th February 2009 PC : 1. Heard the learned advocate for the applicant. By the impugned order dated 8th May 2006 accused no.1 (company) and accused no.3 (signatory to the cheque) were convicted under section 138 of the Negotiable Instruments Act, 1881 and accused nos. 2,4,5 and 6 who are the directors of accused no.1 company have been acquitted. Subsequently in appeal, the accused nos.1 and 3 were acquitted. However, leave to prefer an appeal has been granted to the applicant against the said order of acquittal. 2. After having perused the averments made in ((-2-)) the complaint and in the affidavit-in-lieu of evidence I find that no case is made out for proceeding against accused nos.4, 5 and 6 by invoking section 141 of the Negotiable Instruments Act, 1881. However, the case of the applicant as reflected from the record is that the second accused was the Managing Director of the first accused at the relevant time. Therefore, a case is made out for grant of leave only as against second respondent (second accused). 3. The application stands dismissed as against respondents 4, 5 and 6 (accused nos. 4,5 and 6). Leave is granted confined to second respondent (second accused). The appeal is admitted. Call for the record and proceedings. To be heard along with the appeal arising out of Criminal Application No.4571 of 2008. (A.S.OKA, J.)