IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2446 OF 2006 IN CRIMINAL APPEAL NO. OF 2006 Shri Sunil Dhanpal Malgave )..Applicant Versus Rajendra Nanasaheb Ghatge & Anr. )..Respondents ---- Mr.Sachin Shetye i/by Amit Borkar for the applicant. Mr.Indrajeet Joshi for respondent no.1. Mr.A.S.Shitole APP for the State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 27.08.2008. PC 1. Heard both sides. Perused the record. Arguable points are involved. The finding that the complainant has no capasity to pay, requires consideration in the light of the fact that issuance of a cheque is admitted. Hence, leave granted. Office to number the appeal. CRIMINAL APPEAL NO. OF 2006 1. Leave has been granted by a separate order passed today. Hence, appeal admitted. Advocate for the respondents in the application waives notice in the appeal. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)