IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4164 OF 2011 ASHOK VITHOBA JADHAV VERSUS NIVRUTTI RAMCHANDRA BAGUL ... Advocate for Petitioners : Mr. Dixit Satyajeet S. Mr. R L Kute Adv For R 1. ... CORAM : SHRIHARI P. DAVARE, J. Dated: December 07, 2011 ... PER COURT :- 1. Heard learned respective counsel for the parties as well as perused the impugned judgment dated 19.7.2011 and record and proceeding with the assistance of learned counsel for the parties. 2. This is an application preferred by the applicant [original complainant] seeking leave to file appeal, challenging the judgment and order of acquittal dated 19.7.2011, rendered by learned Judicial Magistrate First Class, Court No.-3 Sangamner in STCC No. 433/2005, thereby acquitting the respondent/original accused for the offence p/u/s 138 of Negotiable Instruments Act. 3. Consdiering the position that payment of two disputed cheques in question Exh.41 and Exh.59 each of Rs.40,000/- were stopped by the Drawer & considering the account extract Exh.75 having no balance therein at that time, and also considering the position that the cheque return memos of the said cheques having no Bank seal thereon and in the said context, considering the extract of aaa IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD stop payment register Exh.76, reflecting that payment of the disputed cheques in question were stopped by the Drawer, consequently, amounting to dishonour thereof, matter requires RE- CONSIDERATION. Hence, present application is allowed and leave to file appeal is granted. Present application be treated as APPEAL. 4. ADMIT. Mr. R.L.Kute learned counsel for respondent sole waives service of notice after admission. Accused to furnish same bail, but to execute fresh bond within the period of four weeks from today. 5. R & P be sent back to the concerned court. ( SHRIHARI P. DAVARE, J. ) ... aaa