1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1800 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 Vinod Ratilal Shah .. Applicant V/s. Dinesh Prataprai Mehta & Ors. .. Respondents Applicant Mr.Vinod Shah, present in person. Mr.Pankaj Das for Respondent Nos.1 and 2. Ms.M.H.Mhatre, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : 13th JULY, 2009. P.C. Heard applicant in person. Also heard learned Advocate Mr. Pankaj Das for Respondent Nos. 1 and 2. They are original accused acquitted by the trial Magistrate in the matter of offence punishable under section 138 of Negotiable Instruments Act. 2. Perused the reasoning given by the trial Magistrate and after hearing the rival submissions for some time, it appears that there was 2 some civil litigations between the parties as applicant was allowed to have possession of the flat on leave and license and for which an amount of Rs.3 lakhs was given by the applicant complainant to accused No.1 by way of security and which was to be returned back to the applicant and accordingly the concerned cheque for Rs.3 lakhs was given by accused No.1. Said cheque was dishonoured. It appears that trial Magistrate had accepted the giving of such cheque by Respondent No.1 original accused No.1, however, it appears that trial Magistrate has held that Respondent No.2 was not responsible for any alleged offence of dishonour of said cheque, not being signatory to the said cheque. On this aspect it is submitted by applicant that it was the HUF of both the respondent accused and the dishonboured cheque was from the account of HUF and as such as per the provisions of Section 141 of Negotiable Instruments Act, Respondent No.2 is also equally liable to pay for such dishonour of cheque. It is submitted on behalf of the Respondents that it was not the transaction between the HUF and the complainant, but it was individual transaction of accused No.1 concerning such flat and giving of the cheuqe. 3. Considering the above and considering the civil dispute and still considering that giving of the cheque has been accepted as the point to that effect has been answered in the affirmative by the Trial Magistrate, in the opinion of this Court, there is a triable issue in the present appeal in order to ascertain the correctness and legality of the impugned order of acquittal of both the Respondents. Hence, leave 3 petition is admitted. 3. Call for R & P. 4. With these directions, leave petition is accordingly disposed of. (A.R. JOSHI, J.)