1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1843 OF 2009 Ajit s/o Khushalchand Lodha .. APPLICANT VERSUS The State of Maharashtra & another .. RESPONDENTS Shri S.S. Bharuka, Advocate holding for Shri R.R. Mantri, Advocate for the applicant. Shri Dilip Bankar Patil, APP for the State. ===== CORAM : R. M. BORDE, J. DATE : 13 th July, 2009. PER COURT : 1 This is an application seeking l eave to present appeal against the order of acquittal recorded by the Additional Sessions Judge, Nandurbar on 31-3-2009 in Criminal Appeal No. 4/2005 presented by the respondent / accused. 2 Complaint was presented by the applicant for offence punishable under section 138 of the Negotiable Instruments Act in respect of dishonour of cheque of Rs.5,000/- which was tendered by respondent / accused in his favour. Trial court considering the evidence placed on record by the parties, convicted the accused and sentenced him to suffer simple imprisonment till rising of the court and he was directed to pay 2 compensation to the tune of Rs.6,000/- to the complainant. Order passed by the trial court was subjected to appeal at the instance of respondent / original accused which came to be allowed by the Additional Sessions Judge, Nandurbar. 3 I have perused the judgment recorded by the first appellate court. It is recorded by the learned Sessions Judge that there was alteration in respect of the date on the cheque in question. Alteration made was not authorised or signed or attested by the accused. Defence raised by accused in these circumstances, was accepted by the learned Sessions Judge. The reasons recorded by the appellate court appear to be logical and based on proper appreciation of evidence placed on record. Application is devoid of merit hence rejected. Consequently, appeal also fails and stands dismissed. ( R. M. BORDE, J.) dyb/office/criappln1843.09.odt