-:1:- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 2300 OF 2008 APPLICATION NO. 2300 OF 2008 APPLICATION NO. 2300 OF 2008 Mr. Ajay Pandurang Walzade. ... Applicant. V/s. 1. Shantaram Gabaji Dhole & Co. Through on behalf of Proprietor, Mr. Sanjay Shantaram Dhole. ... Respondent. Mr. U.B. Nighot for the Applicant. Mr. Y.M. Nakhwa, A.P.P. for the State. CORAM CORAM CORAM : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. DATE DATE DATE : 05TH AUGUST, 2008. : 05TH AUGUST, 2008. : 05TH AUGUST, 2008. P.C. P.C. P.C. : : : . The complainant’s case is that he has an agreement with the Accused for supply of Custard Apples for a sum of Rs.1,200/- and as part payment the accused paid Rs.65,000/- in cash and issued a cheque dated 16.8.2004 for Rs.55,000/-. The said cheque on presentation in the bank on 19.11.2004 came to be dishonoured with endorsement funds insufficient. The Accused set out a defence that there was no supply of Custard Apples from the complainant and therefore, there was no existing liability. The observation of the learned Judge requires consideration. 2. Leave to appeal granted. (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.)