IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2842 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 M/s.Total Finaelf India Ltd., )..Applicants Versus State of Maharashtra & Ors. )..Respondents ---- Ms.Manisha Pai i/by Bhave & Co. for the applicants. Mr.A.S.Shitole APP for the State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 29.08.2008 PC 1. This is an application for leave to appeal. The accused have been acquitted for an offence punishable under Section 138 of Negotiable Instruments Act. On perusal of the entire record, I find that the acquittal is based on cogent and acceptable reasons. The complainant came up with the case that amounts were due for goods delivered under invoices. The defence of the accused however, was that only signed cheque was given and the cheque was blank in other respects. Officer examined by the complainant admitted that the cheque was not given in his hand and it was given in the hands of some other officer. The said officer was however, never examined at the trial. The invoices which : 2 : were referred to in the complaint were also not produced in evidence. It is in this context that the court has after drawing adverse inference, taken a view that the presumption has been rebutted. It is seen that the documents in the possession of the company which could have easily falsified the defence, were never produced. In my view, this is not a fit case to interfere in an appeal against acquittal. Hence, leave refused. Consequently, appeal papers to be filed. Application stands disposed off. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)