1 APPLN-1222.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPLICATION NO.1222 OF 2011 The Godavari Sugar Mills Ltd. .... Applicant Vs. Suresh Baburao Biranje & Anr. .... Respondents Shri K.K. Jadhav for the Applicant. Smt. V.R. Bhosale, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: NOVEMBER 22, 2011 P.C: 1. This is an application for leave to file appeal against acquittal of the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, ordered by the learned Judicial Magistrate, First Class, Court No.10, Kolhapur. The learned Magistrate held, amongst other things, that the complainant co-operative sugar factory had failed to prove that Vijay Jinappa Bastawade was duly authorised to represent the factory, though the witness had produced a Power of Attorney which had been duly notarised. 2 APPLN-1222.11 2. The learned counsel for the applicant relies on a Judgment of this Court in Prataprai Trumbaklal Mehta v. Jayant Nemchand Shah and another, reported in AIR 1992 Bombay 149 to support his contention that a notarial attestation has a high probative value. 3. The learned Magistrate also held that the complainant failed to prove that there was any legally enforceable liability in respect of the cheque which was dishonoured, since the complainant had failed to prove the advance of `2,00,000/- allegedly made by the complainant to the accused. In fact the accused had claimed to have paid a sum of `94,000/- for transporting sugarcane and `88,000/- for harvesting sugarcane. He stated that he had issued the cheque while entering into agreement with the sugar factory for harvesting and transporting sugarcane. Now if the accused was harvesting and transporting sugarcane, it is not clear as to why he would be required to give a cheque to the sugar factory. The story of advance of `2,00,000/- was therefore not improbable. 4. In view of the above, leave granted. Appeal admitted. Call for the R & P.. Action 3 APPLN-1222.11 under Section 390 of Cr.P.C. to follow. The application accordingly stands disposed of. (R.C. CHAVAN, J.)