:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1351 OF 2006 The Supreme Industries Ltd. ..Applicant. Vs. Raosahib S. Patil and anr. ..Respondents., Mr. Vijay Killedar for the Applicant. Mr.R.P. Walvekar for the Respondent No.1. Mrs.A.A. More, APP. for the State. CORAM: R.S. MOHITE, J. DATE : 16th July, 2008 P.C. P.C. P.C. 1. Heard Advocate for the applicant. 2. This is an application for grant of leave to file appeal against the acquittal of the accused for offence punishable under Section 138 of the Negotiable Instruments Act. It was the case of the complainant that the accused had issued a cheque of Rs.2/- lacs for the goods sold. The said goods were said to be PVC pipes. The defence of the accused is that in pursuance of order, blank cheque was given towards the advance payment. It appears from the record that it is admitted position that the ink of the signature is different than the ink of the other contents of the cheque. This aspect reiterates the possibility that the cheque was blank and was filled in at different point of time. The Court has held that the complainant has admitted that he cannot :2: produce any document to indicate the sale of material to the accused person. The benefit of doubt, thus, be given to the accused. In the circumstances, the view taken by the trial court is possible view and therefore, this is not a fit case to grant leave. Leave is therefore,, refused. Consequently the appeal papers to be filed. (R.S. MOHITE, J.)