1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPEAL NO. 69/2006 Shri Satish Bajpai, major of age, married, business residing at Shantinagar, Ponda, Goa. .......... Appellant. V/s. Shri Barkat Hussain Chodhary, major of age, married, business Prop. Of Goa Delhi Road lines, near Shamsunder Petrol Pump, Dhavli, Ponda-Goa. .......... Respondent. Mr. P.P. Singh, Advocate for the appellant. Mr. S. D. Lotlikar, Senior Advocate with Mr. Ryan Menezes, Advocate for the respondent. CORAM : S.A. BOBDE, J. DATE : MARCH 28, 2008. ORAL JUDGMENT : This is an appeal against acquittal. The learned trial Court has acquitted the respondent in respect of a charge under Section 138 of the Negotiable Instruments Act. 2. The basic facts are as follows : There is no dispute that the respondent gave a blank cheque to the 2 appellant and that the cheque has been dishonoured. The trial Court has come to the conclusion that there was no subsisting legally enforceable debt payable by the respondent to the appellant and, therefore, an offence under Section 138 of the Act is not proved. 3. I have heard the learned Counsel for the parties at length and both the learned Counsel agree that instead of rendering a detailed judgment discussing the findings recorded by the trial Court, the judgment of the trial Court may be set aside and the mater remanded to the trial Court for fresh decision, in accordance with law, having regard to the view of this Court that there is no proper discussion of evidence, particularly relating to the subsistence of a legally enforceable debt. 4. In this view of the matter, the judgment of the learned trial Court is set aside. The matter is remanded to the trial Court for fresh decision, in accordance with law. The trial Court shall decide the entire case, afresh on merits, on all points. Criminal Appeal disposed of accordingly. S.A. BOBDE, J. ssm.