1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 2104/2009 [BAPURAO MOTIRAM MANKAR VS. SHRI VYANKATESH HOUISNG AGENCY AND ANOTHER ] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. C.S.Kaptan, Advocate, for the applicant, Mr. C.F.Bhagwani, Advocate, for respondent. .......... CORAM : P.D. KODE, J. DATE : DECEMBER 11, 2009. Heard. By the present application, the applicant has prayed for special leave under Section 378(4) of the Code of Criminal Procedure for preferring an appeal against the judgment and order dated 6th April, 2009, acquitting Respondent No.1 for commission of offence punishable under Section 138 of Negotiable Instruments Act. Having regard to the grounds taken in the memo of appeal and reasons given in paragraph no. 14 of the Judgment, particularly, regarding the aspect of presumption and the inference drawn by the trial Court being contrary to the record, the applicant has made out an arguable case for granting leave as prayed for as the relevant aspect needs examination. In the premises aforesaid, leave to prefer an 2 appeal is granted. Application stands disposed of. Criminal Appeal No. /2009 Heard. Issue notice before admission to the respondent returnable on 15/01/2010 indicating that matter may be disposed of finally at the admission stage after hearing both the side. Mr. C.F.Bhagwani, Advocate, appears waiving service for respondent No. 1. Mr. Sonak, APP, appears waiving service for respondent no. 2. JUDGE Rvjalit