:1: FARAD CONTINUATION SHEET NO. 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 APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3912 OF 2007 WITH CRIMINAL APPEAL NO. OF 2008 Mehul Vsasant Ambawat Vs. Panchmal Bokadia ---------------------------------------------------------------------- Office notes, office Memoranda Court’s or Judge’s orders. of Coram, appearance, Court’s orders or directions and Registrar’s orders. ---------------------------------------------------------------------- Mr. Nisha Valani for the Applicant. Mr.S.R.Shinde, APP. for the State. Mr. S.V.Marwadi for the Resp.No.1. CORAM : R.S. MOHITE, J. DATE : 31st July,2008. P.C. P.C. P.C. 1. Heard both sides. 2. This is an application for grant of leave to file appeal. The accused has been acquitted of the offence punishable under Section-138 of the N.I.Act On perusal of the record, I find that there are several arguable points. The accused has not explained as to how the complainant came into possession of the cheque. The counsel submits that the accused has committed forgery. There is no finding in this regard. Prima facie, burden wrongly :2: shifted on the complainant. Hence, leave granted. Office to number the appeal. CRIMINAL APPEAL NO. OF 2008 1. As the leave has been granted by a separate order passed today, appeal admitted. Office to number the appeal. Mr. Marwadi waives notice on behalf of the Respondent No.1 in the appeal. (R. S. MOHITE, J.)