-:1:- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 8247 OF 2005 APPLICATION NO. 8247 OF 2005 APPLICATION NO. 8247 OF 2005 WITH WITH WITH CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 8236 OF 2005 APPLICATION NO. 8236 OF 2005 APPLICATION NO. 8236 OF 2005 Rajas Polymers Pvt. Ltd. Through their Authorised Representative Mr. Piyush Mahajan. ... Applicant. V/s. M/s. Laminar Industries & Ors. ... Respondents. Mr. Ranjeet M. Pawar i/b. Shrirang Shrimani for the Applicant. Mr. Y.M. Nakhwa, A.P.P. for the State. CORAM CORAM CORAM : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. DATE DATE DATE : 014TH AUGUST, 2008. : 014TH AUGUST, 2008. : 014TH AUGUST, 2008. P.C. P.C. P.C. : : : . Heard learned Counsel for the Applicant. Respondent’s Advocate absent even on the last date. 2. The learned Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai by his order dated 30.9.2005 while acquitting the accused for the offence punishable under Sections 138 & 142 of Negotiable Instruments Act in paragraph 5 has observed documents have been exhibited. However, he did not rely on those documents claiming that Piyush Mahajan, one of the witnesses was not in the service of complainant - company. However, in paragraph 7 of the very Judgment, he refers Piyush Mahajan has stated that he can identify signature of the accused No.2 from -:2:- record. These aspects are probably ignored by the learned Judge. 3. Hence, leave to appeal is granted. Appeal is admitted. (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.)