1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3462 OF 2009 Rajhans Agriculture Transport Company Pvt. Ltd. ..APPLICANT -VERSUS- Ramesh Bhoma Jadhav ..RESPONDENT ......... Mr. R. L. Kute, advocate for the applicant Mr. G. V. Wani, advocate for the respondent. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 31 st August, 2010. PER COURT : 1. This is an application seeking leave to appeal. 2. Heard learned counsel for the parties. 3. The respondent came to be acquitted in S.T.C. No.1203/2000 as per the impugned judgment rendered by the learned Judicial Magistrate (F.C.), Sangamner. The learned Judicial Magistrate held that the defence of the respondent that the cheque was issued under duress is probablised due to his immediate reply to the notice and private complaint filed by him vide Exhibit-69. It appears that the private complaint was subsequently dismissed in default. The defence of the respondent was that he was abducted when he had gone to attend the proceedings of Civil suit and 2 thereafter, the cheque in question was got signed by him under threats/duress. 4. It appears from the impugned judgment that except version of respondent, no independent evidence was adduced in support of such defence. The account book was being operated by the respondent since 1999, and therefore, it is necessary to locate as to what reason for him to carry the cheque book on the given date when he was required to attend the Civil Suit. The attending circumstances are required to be examined in order to find out whether the defence of the respondent is truth-bearing. 5. In this view of the matter, leave to appeal is granted. Application is disposed of. (V.R.KINGAONKAR) JUDGE gas/cri3462.09