1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1035 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 M/s. Mukesh Traders .. Applicants V/s. Shivaji Ananda Patil & Anr. .. Respondents Mr.Amit Shety i/b.Mr.Amit Borkar for the Applicants. Mr.P.D.Dalvi for Respondent No.1. Mrs.M.H.Mhatre, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : JUNE 24th, 2009. P.C. Heard rival submissions for some time. 2. It is the leave petition to prefer an appeal against the acquittal of Respondent No.1 in the matter of offence punishable under section 138 of Negotiable Instruments Act. 3. Perused the reasoning given by the trial Magistrate. It 2 appears that trial Magistrate was influenced by the defence of the accused that the cheque was forcibly taken by the complainant. It appears that signature on the cheque has been admitted. It is a factual position that there is no evidence produced by the accused by stepping into the witness box or examine any witness on his behalf. Considering such circumstances, in the opinion of this Court, there is a triable issue before this Court in appeal in order to ascertain the correctness and legality of the impugned Judgment of acquittal. Hence, the present leave petition is allowed. 4. Appeal is admitted. 5. Call for R & P. 6. Matter to be fixed for final hearing in due course. 7. With these directions, leave petition is disposed of. (A.R. JOSHI, J.)