1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPA) NO.97/2011 (Ghanshyam Ratanlal Mundhada .vrs. Yeshwant Balaji Sahare) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. Syed Owais Ahmed, Advocate for applicant. .......... CORAM : P.D. KODE, J DATED : APRIL 21, 2011 Heard. By this application, the original complainant in Summary Criminal Case No.330/2005 has sought leave to prefer an appeal against the judgment and order of acquittal recorded by the Court of Session at Nagpur in Criminal Appeal No.240/2007 preferred by the respondent/original accused in the said criminal case, acquitting him from the commission of offence punishable under section 138 of the Negotiable Instruments Act. The respondent has preferred the said criminal appeal against the order of conviction recorded by the trial court against him in the said criminal case. Thus, there being no concurrent finding in favour of the respondent and one finding being in favour of the present applicant. The applicant has made out a case for grant of leave, as prayed for. Furthermore, having regard to the ratio in a decision in the case of K.H. Ganesh Rao .vrs. H. Gopal 2 reported in 2010 Cri.L.J. 4755 delivered by Division Bench of Karnataka High Court and so also the decision of Apex Court in the case of M/s. Goyal Enterprises .vrs. State of Jharkhand and another reported in AIR 2008 SC 1510 pointed out by the learned counsel for the applicant and the learned counsel for the applicant having made a statement that to his knowledge there is contrary decision of this court, the appellant has made out a case for granting leave as sought for. Leave granted. At this stage, the learned counsel for the applicant states that considering the subject matter of appeal being an offence u/s 138 of Negotiable Instrument Act, the matter may be disposed at the admission stage. The learned counsel for the applicant states that he may be permitted to file private paper book. Request granted. The learned counsel for the applicant to furnish private paper book within a period of eight weeks from today. Liberty to apply for listing the matter for admission. The application stands disposed of. JUDGE Gulande