1 Meera IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3405 of 2008 Tukaram Maruti Parihar ..Applicant Vs. Pawan Ramdayal Agarwal & Anr ..Respondents Mr. J.B.Kocheta for the Applicant Mr. P.A.Pole APP for State Coram: A.R.Joshi, J Date : 30th June, 2009 P.C. 1. Heard Learned Advocate Mr. Kocheta for Applicant. None for Respondent No.1 though served. Perused the documents annexed to the Application including copy of the impugned order of acquittal of Respondent in the matter of offence punishable u/s 138 of the Negotiable Instruments Act. It appears that trial Magistrate has observed that there was passing of a cheque and that it was dishonoured and there was liability on the Accused. However, only ground held by the trial Magistrate to acquit the Accused is that the cheuqe number was differently mentioned in the complaint than the correct cheque number which was 2 mentioned in the demand notice. It appears that such technical ground should not have weighed with the trial court and there should have been an opportunity for the Applicant to cure this technical defect. All the same in the opinion of this court in the present matter the Appeal can be heard in order to ascertain correctness and legality of the impugned order of acquittal. 2. Hence present leave Petition is allowed. Appeal is admitted. Call for records and proceedings, if, earlier not called. With the directions leave Petition is disposed off. (A.R.Joshi, J)