1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2119 OF 2009 Hanumant s/o Navnath Surawse ..APPLICANT VERSUS Vijay s/o Fulchand Rathod & anr. ..RESPONDENTS Mr N.V. Gaware, Advocate for the applicant; Mr M.L. Dharashive, Advocate for respondent no.1; Mr D.R. Kale, A.P.P. for respondent no.2 CORAM : P.V. HARDAS, J. DATE : 28th September, 2010 PER COURT : By this application the applicant/complainant seeks grant of leave to file appeal against the judgment of the Judicial Magistrate First Class, Ausa, dated 24.4.2009, in S.T.C.C. No.309 of 2007 acquitting the respondent/accused for offence punishable under section 138 of the Negotiable Instruments Act. 2. I have heard Shri N.V. Gaware, learned Counsel for the applicant and Shri M.L. Dharashive, learned Counsel on behalf of respondent no.1 and learned A.P.P. on behalf of respondent no.2. With the assistance of 2 the learned Counsel for the parties I have perused the findings recorded by the Trial Court. According to me, this is a fit case for granting leave and accordingly this application is allowed and leave as prayed for is granted. Appeal stands admitted. Mr M.L. Dharashive, learned Counsel accepts notice on behalf of respondent no.1. ( P.V.HARDAS, J.) amj/criap2119.09