1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal APPA No.118/2009 [Tukaram Ram Chandra Morey .vrs. Ambarnath Keshavnath Jadhav] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. Arun S. Agrawal, Advocate for appellant. .......... CORAM : P.D. KODE, J. DATE : NOVEMBER 17, 2009. Heard. By the present application, the complainant in SCC No.1013/2005 of the Court of Judicial Magistrate, First Class, Mehkar, District – Buldana, has prayed a leave for preferring appeal against the judgment and order of acquittal recorded on 24th July, 2009 acquitting the respondent for the commission of offence punishable under Section 138 of the Negotiable Instruments Act or the count of respondent having failed to pay the cheque amount of Rs. 25,000/- of the bounced cheque in spite of being duly served with the notice. The perusal of judgment sought to be impugned by preferring appeal prima facie does not reveal the aspect of the 2 presumption under Section 138 of the Negotiable Instrument Act being dealt by the trial court while recording the order of acquittal. Having regard to the same and taking into consideration the inferences drawn in paragraph 15 of judgment on the basis of cross examination of the complainant pointed out by the learned counsel for the appellant, the leave, as prayed, deserves to be granted. Leave granted. CA stands disposed of. Criminal Appeal No. /2009 Heard. Issue notice to the respondent returnable on 8.12.2009. JUDGE Gulande