1 APPLN 1145 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1145 OF 2011 Vijay Singh Rajpurohit .. Applicant. -versus The State of Maharashtra and anr .. Respondents. Mr. J. K. Hegade, for the applicant. Mrs. P. P. Bhosale, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 11th November, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of the respondent, ordered by the learned Metropolitan Magistrate, 12th Court, Bandra, Mumbai, for the offence punishable under Section 138 of the Negotiable Instrument Act. The accused had first taken stand in his reply to the Notice of demand by complainant that no such cheque was ever issued by him. The cheque was in fact misplaced. However, in the Court he took stand that he had in fact issued such a cheque against another cheque given by the complainant to him. But that cheque was given in the year 2006, and the date of the cheque was altered to 9th March, 2008. A hand-writing expert was examined on behalf of the accused and on the basis of appreciation of evidence, learned Judge came to the conclusion that the change in date was not 2 APPLN 1145 OF 2011 in the hand of the accused. In the context of the fact that the accused had first outright denied having issued such a cheque and then come with different version, the conclusions drawn by the learned Judge are required to be reassessed. Leave granted. Appeal Admitted. Call for Record and Proceeding. Action under Section 390 of Code of Criminal Procedure, 1908. (R. C. CHAVAN, J.)