IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO. 365 OF 2009 IN STAMP NUMBER MAIN NO. 2287 OF 2009 CENTURION BANK LTD THROUGH ATTORNEY AJIT KAPPEN ... Applicant Versus SHRI. SHANKAR KASKAR AND ANR., ... Respondents Mr. Melwin A. Viegas, Advocate for the applicant. Mr. Suraj Palkar, Advocate for the respondent. Coram:- U. D. SALVI, J. Date:- 16th December, 2009 P.C. Heard. Perused application and annexures therewith. 2. Leave to prefer an appeal against judgment and order dated 28.4.2009 passed by the Learned JMFC, Mapusa "F" Court in OA/20/P/2005/F under section 138 of Negotiable Instruments Act, 1881 is sought on the ground that the learned trial Court failed to consider the material provision of law under section 146 of the said Act and misconstrued the evidence on record. The impugned judgment reveals that the learned Trial Court declined to convict the respondent/accused only on the solitary observation that the complainant had not proved the memo issued by ICICI Bank dishonouring the cheque, in question. Learned trial Court did come to the conclusion that the complainant had proved the issuance of the cheque, in question towards legally enforceable debt and the said cheque was dishonoured and the respondent/accused had failed to make the payment due, under the said cheque after its dishnour, within the period of 15 days from the receipt of the notice of demand. Substantial error in construing the legal provision is apparent on the face of the impugned judgment. Appeal is not time barred. Leave granted. Appeal be numbered. U. D. SALVI, J. vn