1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.2774 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The application is for leave to appeal U/s 378(4) of the Cr.P.C. 3. The Respondent came to be acquitted for offence U/s 138 of the N.I. Act. Having regard to reasons recorded by the learned Judicial Magistrate, it is explicit that the learned Judicial Magistrate categorically gave finding to the effect that the amount of Rs.19,14,815/- (Rupees Nineteen lacs fourteen thousand eight hundred fifteen) and Rs.2,30, 365/- (Rupees two lacs thirty thousand three hundred sixty five) was recoverable from the Respondent. The learned Judicial Magistrate seems to have acquitted the Respondent on account of the plaintiff's failure to prove the signatures of the cheques. The learned advocate for the applicant/complainant would point out that in his statement U/s 313 of the Cr.P.C., the Respondent did not dispute his signature or genuineness of the cheques in question. It is contended, therefore, unless a specific plea was raised and proper evidence was adduced by the Respondent, the learned Judicial Magistrate should not have rendered the finding on the question of genuineness of the cheques at Exh.41 and Exh.42. Considering the reasons of the learned Judicial Magistrate, I am of the opinion that the applicant has made out a case so as to seek leave to appeal under sub-clause (4) of Section 378 of the Cr.P.C. The application is, therefore, allowed. Leave to appeal granted. 4. Call R & P. (V.R.KINGAONKAR,J.) Dt.20.08.2009. asp/office/Crapp2774.09