- 1 - appln 2721 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2721 OF 2010 M/s Roller Bearing Company ..Applicant. -Versus- Rekha Mahendra Chheda and anr ..Respondents .......... Mr. Kishor Bhatia, for the applicant. Mr. S. A. Shaikh, APP for the State. Mr. Kiran Jain i/b Kiran Jain & Co. for respondent No.1. .......... CORAM : R. C. CHAVAN, J. DATE : 27th JUNE 2011. P.C. 1. This is an application for leave to file appeal against the judgment of Additional Sessions Judge, Greater Bombay, whereby he reversed the conviction of the respondent for the offence punishable under Section 138 of the Negotiable Instrument Act. Learned counsel for the respondent accused states that the accused has been selling goods to the complainant. Sometimes the complainant used to return some - 2 - appln 2721 of 2010 of the goods and for that accused used to issue credit notes. On one such occasion, the complainant asked the accused to give cheque and stated complainant would fill the amount which may be due. The accused accordingly gave a cheque to the complainant duly signed to enable the complainant to fill up amount which may be due and recoverable from the accused. In this context the learned Magistrate convicted the respondent and the learned Sessions Judge reversed that conviction. The learned counsel for the respondent states that the hand writing on the cheque is in three different inks. 2. When the complainant was trusted by the accused to write the amount that may be due and handed over the instrument duly signed, authorizing the complainant to fill up the amount in the cheque, the accused shall not blame the complainant now. In any case this would require consideration. Leave granted. Appeal admitted. Action under Section 390 of Criminal Procedure Code. ( R. C. CHAVAN, J.)