/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3777 OF 2007 M/s. Shah Vijpar Virji & Sons. ...Applicant Vs. Mr. Ashok Nandlal Modi & Anr. ...Respondents --- Shri S.V. Marwadi i/b. Sushanth S. Murthy for Applicant. Shri D.P. Adsule AGP for State. ---- CORAM: V.M. KANADE J. DATED 6TH OCTOBER,2008 P.C. 1. The Applicant has filed this application for seeking leave to file an appeal, challenging the judgment and order passed by the Trial Court acquitting the Respondent- Accused for the offence punishable under section 138 of the Negotiable Instruments Act. 2. The learned Counsel for the Applicant submits that the Trial Court has erroneously observed that the date of cheque was 3.1.2004 and, therefore, came to a conclusion that the cheque was valid only for a period of six months i.e. 3.7.2004. The Trial Court on the basis of this finding, came to the conclusion that the bank has dishonoured the cheque on 16.7.2004 because it was presented beyond the period of six months from the date of issuance of the cheque. Shri Marwadi, the learned Counsel for the Applicant submits that the cheque was written in Gujrati, therefore, the date of the / 2 / cheque is 3.7.2004. He invited my attention to the Bank Memo, which is clearly stated that the cheque was dishonoured on account of insufficient funds. He also pointed out that the affidavit has been filed, which clearly indicates that the date of the cheque is 3.7.2004 and not 3.1.2004 as alleged by the Trial Court. Prima facie case is made out for grant of leave. Leave is granted. Appeal is, therefore, admitted. V.M. KANADE J.