1 APPLN-G-426.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPLICATION NO.426 OF 2011 {For Leave to Appeal} WITH CRIMINAL APPLICATION NO.428 OF 2011 {For Leave to Appeal} S.D.G. Hydraulic & Enfineering Works .... Applicant Vs. Cosmos Engineering Industries & Anr. .... Respondents Shri Mayuresh Modgi for the Applicant. Ms P.P. Bhosale, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: NOVEMBER 17, 2011 P.C: 1. These are applications for leave to file appeal against the acquittal of the accused-proprietor ordered by the learned Judicial Magistrate, First Class, Thane, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 in respect of 12 cheques. The learned counsel for the applicant points out that the accused had admitted that, at the time of delivery of machine there was no defect in the machine. The 2 APPLN-G-426.11 learned Magistrate seems to have accepted the defence that payment of cheques was stopped because the machine had some defect. If the machine had no defect at the time of delivery, there would be no warrant to stop the payment of cheques. Subsequent defect which developed could give rise to a civil case or an action before the consumer forum. 2. In view of the above, leave granted. Appeals admitted. Call for the R & P.. Action under Section 390 of Cr.P.C. to follow. 3. The applications accordingly stand disposed of. (R.C. CHAVAN, J.)