1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2975 OF 2010 Chhotu Mohammadali Lakhani ..APPLICANT -VERSUS- Sayeed Habibuddin Sayeed Buruhanoddin ..RESPONDENT ...... Mr. A.R. Vaidya, Advocate for applicant Mr. D.S. Manorkar, Advocate for respondent. (CORAM : V.R.KINGAONKAR,J.) DATE : 15 th September, 2010. PER COURT : 1. Heard learned Advocates for the parties. 2. The application is for leave to appeal against the Judgment rendered by the Sessions Judge whereby the Criminal Appeal No.62/2007 came to be allowed and the Judgment and Order of the learned Judicial Magistrate (F.C.), whereby the respondent was convicted for the offence under Section 138 of the Negotiable Instruments Act came to be reversed. 3. It appears from the Judgment of the learned Sessions Judge that the acquittal has been rendered on basis of inferences drawn from the attending circumstances. It appears that the 2 learned Sessions Judge gave importance to the notice issued by Advocate Shri. S.N. Talwar on 05.10.2002 calling upon the brother of the complainant (applicant) by name Nasiruddin to return the cheque in question. It appears that on 03.10.2002 itself the cheque was dishonoured due to instructions given by the respondent to the Bank. Notice does not clearly reveal the reason for claiming back the cheque and misuse thereof by the applicant. Considering the prima facie deficiencies pointed out by the learned Advocate for the applicant and in view of the conflicting decision rendered by the Courts below, the present application deserves to be allowed. 4. Taking over all view of the matter, leave to appeal is granted. (V.R.KINGAONKAR) JUDGE gas/cri2975.10