1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4573 OF 2006 Laxman Sampatrao Bhosale ..Applicant V/s. Subhash Narayan Jadhav & anr. ..Respondents Mr.S.P.Kadam, Advocate, for applicant Mr.Ashok Tajane, Advocate, for respondent No.1 Ms.A.A.Mane, A.P.P, for the State CORAM : K.U.CHANDIWAL, J. DATE : 13TH AUGUST, 2008 P.C. . Heard. 2. The complainant came with a case, there was advance of an amount of Rs.90,000/- from New Phaltan Sugar Factory for the year 1999-2000, received by respondent No.1. Similarly, respondent No.1 again took an amount of Rs.30,000/- from the applicant. There was an agreement between the parties at Exh.47. The learned Judge has in paragraph 7 doubted the genuineness of stamp paper Exh.47 on the ground that it was purchased on 6th 2 August, 1999 and written on 20th January, 2000 and no explanation has been given as to why the said stamp was written after about five months from the date of purchase. It is transpired in the evidence of complainant, the amount borrowed from karkhana was for the purposes of meeting needs of the accused and he stood surety and Karkhana has collected the amount by deducting the same from his payment. 3. The challenge to the service of notice also needs consideration as the address in the surety bond or the notice match together. The claim of the accused that he did not issue cheque needs consideration. Hence, leave to appeal is granted. Appeal is admitted. The respondents waive service. (K.U.CHANDIWAL, J.)