1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2599 OF 2008 M/s.Patil Krushi Seva Kendra ..Applicant V/s. Sadashiv Shankar Mali & anr. ..Respondents Mr.Nitesh Patil, Advocate, for applicant Ms.A.A.Mane, A.P.P, for the State CORAM : K.U.CHANDIWAL, J. DATE : 11TH AUGUST, 2008 P.C. . It is claimed by the applicant/original complainant that the original accused/respondent No.1 used to purchase fertilizers on credit for which various bills were drawn. The extract of accounts was also tendered before the learned Judicial Magistrate First Class. It was canvassed by the complainant that in discharge of liability the accused has issued a cheque of Rs.48,154/- and the said cheque returned unpaid when it was presented, for the reason “Not arranged for”. The defence raised by the accused before the learned Judicial Magistrate First Class, Sangli is that he 2 had signed the cheque when it was blank and the complainant has misused the said blank cheque. The learned Lower Appellate Authority while dealing with the amounts has interpreted before the credited entry of Rs.35,000/- dated 26th February, 2002 and gave interpretation to the extract of account at Exh.Nos.29 and 41. The learned Lower Appellate Court set aside the conviction of the appellant/original accused for the offence punishable under Section 138 of the Negotiable Instrument Act. The appellant/original accused apparently did not examine any defence witness. The learned Judicial Magistrate First Class found that the cross examination of the complainant did not yield any result to hold discharge to the onus shifted to the accused. Hence, leave to appeal is granted. Appeal is admitted. (K.U.CHANDIWAL, J.) 3