1 CR.APLN.4282.2009.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO. 4282 OF 2009 Mahesh Barot ...Applicant Vs. M/s. Packwell Industries Ltd. & Ors. ...Respondents Mr. M.K. Kocharekar i/b. Rajeev Sawant & Assoc. for Applicant Mrs. Mallika Ingale for Respondents 1 & 2 Mrs. A.A. Mane, A.P.P for the State CORAM: SMT. ROSHAN DALVI, J. DATED : 28TH APRIL 2011 P.C. 1. The Applicant has challenged the order of acquittal of the offence punishable under Section 138 of Negotiable Instrument Act, 1881. The complaint has been filed based upon the invoice of the Applicant/Complainant for the goods supplied and sold as per the in voice upon which the Respondents/Accused is stated to have issued a cheque, which came to be rejected. Upon the denials of the Respondent of each of the statements of the Applicant the learned Judge has erroneously considered that the onus was on the Applicant to show the initial liability. In the case of transfer under the invoice, the liability arises from the invoice itself. The invoice itself shows receipt of the goods mentioned therein under the stamp of the firm of the accused. The dishonoured cheque is admitted to be of a bank account of the accused. Hence the case requires reconsideration. 2 CR.APLN.4282.2009.sxw 2. Leave to appeal is granted. 3. The appeal shall come up for admission on 17th June 2011 in view of the narrow questions involved, which shall be taken up for final hearing at the stage of admission itself. 4. Action under Section 390 of the Cr. P. C is dispensed with upon the undertaking given by the Counsel on behalf of the Respondent that the Respondent shall remain present in Court at the time the appeal is heard and disposed off at the stage of admission. (SMT. ROSHAN DALVI, J.)