1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2944 OF 2005 Pathan Manzurkhan S/oFazlerrehman Khan Applicant V/s Shaikh Akhlaq S/o Shaikh Hamid Respondent and another. -------------------------------------------------------- Mr. Mujtaba Gulam Mustafa Advocate For the Applicant. Mr.C.V.Thombre and Sk.Altaf Ahemad for Respondent No.1. Smt.R.D.Reddy A P P For the State. ------------------------------------------------------- [CORAM : V.R. KINGAONKAR, J.] [DATE : 27th July, 2009] PER COURT : 1. The applicant is complainant of private complaint case bearing SCC No.161 of 2004. He is aggrieved due to acquittal of the respondent vide impugned judgment dated 31st August 2005. The offence alleged against the respondent no.1 is punishable U/Sec.138 of Negotiable Instrument Act. The Learned Magistrate held that the cheque in question was issued by the respondent no.1 . 2 The Learned Magistrate however acquitted the respondent no.1 because the Bank Manager stated that the respondent no.1 was not having amount with the Purnavadi Nagari Sahakari Bank. The account no.1306 was in the name of Shaikh Riyaz and not in the name of respondent no.1. The question is whether the respondent no.1 issued cheque with a view to discharge the financial liability. Considering the nature of acquittal, I am of the opinion that this is a fit case in which leave to appeal deserves to be granted. 2. Accordingly leave to appeal is granted. Application is allowed. 3. Admit the appeal. 4. Call for R & P. [ V.R. KINGAONKAR ] JUDGE DSP/criappl.2944.05