1 Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1280 OF 2009 Marco Impex Private Limited .. Applicant. vs. State of Maharashtra & Anr ..Respondents. Shri Yusuf Iqbal Yusuf a/w Neville Majra Anvee Mehta i/b Yusufs and Associaties for the Applicant. Shri S. R. Shinde, A.P.P.,for the State. CORAM: : A.R. JOSHI,J. DATE : 23.06.2009. P.C.:- 1. Heard rival submissions for some time. Respondent No.2 is already served and represented by Advocate Mr N. A. Lad. However, none for respondent no.2. It is the application for leave to file appeal against the acquittal of Respondent no.2 in the matter of offence punishable under Section 138 of the N.I. Act. 2. Perused the reasoning given by the Trial Magistrate acquitting the Respondent No.2. It appears that 2 the Trial Magistrate was weighed with the defence of the respondent no.2 as giving of a cheque for security purpose. Admittedly, the respondent No.2 did not lead any evidence and only filed his submission. Considering the circumstances in the opinion of this Court, it is a matter which is required to be decided in appeal before this Court in order to ascertain correctness and legality of the impugned order. Consequently, leave petition is allowed. Appeal is admitted. Call for R and P. (A.R.JOSHI,J)