2 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1942 OF 2008 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 12.01.2010 1. Heard Adv. Shri A.I. Deshmukh for the applicant. No one is present for the respondent though duly served. 2. This is an application for leave to file appeal against order of acquittal. The applicant has filed complaint for offence punishable under section 138 of the Negotiable Instruments Act against the respondent. In the judgment, the Trial Court has answered all the issues except issue No.4 in favour of the applicant. The acquittal is based only on the point that the contents of notice were not duly proved. However, discussion in paras 18 and 19 shows that the witnesses Thakkar and Patil both have 2 stated that the contents of notice prepared by Shri Agrawal advocate were as per their instructions and the notice was signed by the advocate. 3. In my opinion, this is a fit case, where leave to file appeal can be granted as it is necessary to examine the reasons given by the Trial Court. Hence, application is allowed. Leave to file appeal is granted. The appeal be registered. [P.R. BORKAR,J.] snk/2010/JAN10/cra1942.08