1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3110 OF 2008 M/s.Gharda Chemicals Ltd. .. Applicant V/s. Mr.Sunil Sudhakar Kadam & Anr. .. Respondents Mr.Subodh Desai for the Applicants. Mr.S.C.Mangle h/f.Adv.H.V.Bhadbhade for Respondent No.1. Mr.D.p.Adsule, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : JUNE 18TH,2009. P.C. Heard rival submissions for some time. 2. It is the leave application to prefer an appeal against the acquittal of Respondent No.1 in the matter of offence punishable under section 138 of Negotiable Instruments Act. There appears to be three fold defence taken by the Respondent Accused. First is that three valves which were taken for 2 repairs by the accused were returned back to the company, secondly, they were stolen from the possessions of the accused himself and thirdly that the officer who filed the complaint was not authorized by the company to lodge the complaint. It appears that the three valves were in the custody of the accused and there was a liability to pay the complainant Rs.5 lakhs and odd for not returning the said valves and in fact to discharge such liability the subject matter cheque of Rs.3 lakhs came to be issued and it was dishonoured. 3. Attention of this Court is drawn towards the contents of the affidavit of evidence wherein it is specifically mentioned regarding the authorization given in favour of the officer of the complainant. 4. Considering the above, in the opinion of this Court, there is a triable issue to be dealt with in the appeal and consequently present leave petition is required to be allowed. Hence order : :: O R D E R :: i. Leave petition is allowed. Appeal be admitted. 3 ii. Call for R & P, if earlier not called. iii. Leave petition, is accordingly, disposed of. (A.R. JOSHI, J.)