( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3894 OF 2009 Shri Sant Shiromani Maroti Maharaj Sahakari Sakhar Karkhana Ltd., Belkund APPLICANT VERSUS The State of Maharashtra & another RESPONDENTS .... Mr. A.V. Irpatgire, advocate for the applicant. Smt. S.D. Shelke, APP for the respondent/State. Mr. S.S. Thombre, advocate for the respondent No.2. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 8th September, 2010] PER COURT : 1. By this application, the applicant seeks leave to appeal against judgement of acquittal rendered in the exercise of appellate jurisdiction by learned Adhoc Additional Sessions Judge, Latur in Criminal Appeal No. 30/2005. 2. The respondent No. 2 was convicted by the trial Court for offence punishable under section 138 of the Negotiable Instruments Act. The first appellate Court, however, held that the offence is not proved and, therefore, allowed the appeal. ( 2 ) 3. It appears that the appellate Court acquitted the respondent on the ground that material documents were not produced on record, particularly the cheque in question. The respondent No. 2 had applied for production of such documents to which the applicant had given no objection, but that application was rejected by the learned Magistrate. Therefore, such compulsive withholding of the documents by the applicant could not be prima facie a ground to infer its lapses. It appears, however, that no second appeal is provided for and, therefore, the applicant is allowed to convert the appeal into revision application. Leave granted for such conversion and the Registry to convert the appeal as criminal revision application under section 401 of the Criminal Procedure Code. Mr. S.S. Thombre waives service for the respondent No. 2. Present application is accordingly allowed and disposed of. [V.R. KINGAONKAR] JUDGE NPJ/criapln3894-09 ( 3 )