-:1:- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 1050 OF 2006 APPLICATION NO. 1050 OF 2006 APPLICATION NO. 1050 OF 2006 Santosh Kumar Sudhakar Khare. ... Applicant. V/s. State of Maharashtra & Anr. ... Respondents. Mr. H.E. Palwe for the Applicant. Mr. Jayendra D. Khairnar for Respondent No.2. Mrs. A.A. Mane, A.P.P. for the State. CORAM CORAM CORAM : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. DATE DATE DATE : 05TH AUGUST, 2008. : 05TH AUGUST, 2008. : 05TH AUGUST, 2008. P.C. P.C. P.C. : : : . Heard learned Counsel. 2. Perused the Judgment. The accused had issued a cheque of Rs.8,00,000/- which on presentation was dishonoured on the direction of stop payment from the Accused. In reply to the notice dated 16th February 2005, the Accused through is Advocate conveyed to the complainant on 22nd February 2004 that issuance of the cheque by his client was due to misconception of facts. However, Accused during trial has taken another stand and agitated that it was the complainant who was in a need of financial assistance and hence he had issued such cheque which he later on conveyed the complainant not to present it but the complainant had -:2:- presented the cheque. The learned Judge accepted the claim and contention of the accused. 3. In the above set of facts, leave to appeal granted. (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.)