1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1520 OF 2009 M/s Chimandas Valiram ... APPLICANT VERSUS Shri Santosh Vitthal Mahajan & anr .... RESPONDENTS ----- Shri S.A. Pradhan, Advocate for the applicant Shri Vinod Patil, Advocate for respondent No.1. Shri K.B. Choudhari, A.P.P. for respondent No.2/State ----- CORAM : SHRIHARI P. DAVARE, J. DATED : 5th October, 2009. PER COURT : 1. Perused. Heard learned counsel for the parties. 2. By the present application, the applicant (original complainant) has sought leave to file the appeal challenging the judgment and order passed by learned Judicial Magistrate, First Class, Second Court, Jalgaon in Summary Criminal Case No. 5365/2003 on 31.1.2009. 2 3. The applicant (original complainant) had filed Summary Criminal Case No.5365/2003 under Section 318 of the Negotiable Instruments Act against the respondent No.1 herein in respect of dishonour of cheque allegedly issued by the respondent No.1 to the complainant allegedly towards discharge of legal liability. However, the learned Judicial Magistrate, First Class, Second Court, Jalgaon acquitted the respondent No.1/ accused by the aforesaid judgment and order. Being aggrieved and dissatisfied by the said judgment and order, the applicant has sought leave to file appeal. 4. The learned counsel for the applicant (original complainant) pointed out that the learned Judge had framed the points for determination in paragraph No.5 of the judgment, wherein point No.1 therein has been answered in the negative, but the observations in respect of the said point in paragraph No. 9 of the said judgment are contrary to the said finding, wherein it has been held by the learned Judge that the cheque in question belonged to the account of the respondent herein. 5. In the circumstances, apparently there is prima facie case and hence, leave is required to be granted to the applicant 3 to file appeal. 6. In the result, leave granted as prayed for and the appeal be registered and numbered accordingly. [ SHRIHARI P. DAVARE, J.] fmp/cri1520.09