1 Cri. A. 1004/10 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1004 OF 2010 IN APPEAL NO. OF 2010 Gada Maganlal Khakhan (HUF) .. Appellant V/s M/s Aristo Automobiles P. Ltd. & Ors. .. Respondents Mr. Vijay M. Vaghela for the appellant. Mr. Y.S. Shinde, A.P.P. for the State. CORAM : N.D. DESHPANDE, J. DATE : 29TH OCTOBER 2010 P.C. : 1. This is a criminal appeal against the accused earlier tried under section 138 of the Negotiable Instruments Act and got acquitted by the judgment and order dated 11th January 2010 passed by the learned Metropolitan Magistrate, 50th Court, Vikhroli, Mumbai. 2. Heard the learned counsel for the appellant. Perused the impugned judgment and order. 2 Cri. A. 1004/10 3. Prima facie case is made out that the accused had deemed to have committed the offence under section 138 of the Negotiable Instruments Act. Certain liability is also admitted. That was considered as security and not existing enforceable liability. That is the main ground in appeal for holding the accused-respondents guilty of the offence. Hence, leave to appeal is granted. Appeal be numbered. Appeal is admitted. Issue notice under section 390 of the Cr. P.C. as prayed, returnable after 10 weeks. (N.D. DESHPANDE, J.)