IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1436 OF 2007 IN CRIMINAL APPEAL NO. OF 2007 Nupur Sanjay Jhunjhunwala )..Applicant Versus Navandu Chamedia & Anr. )..Respondents ---- Mrs.S.R.Kumbhat for the applicant. Mr.V.K.Gupta i/by Gupta & Gupta for respondent no.1. Mr.S.R.Shinde APP for the State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 22.9.2008. PC 1. Heard both sides. This is an application for leave to appeal. The respondent has been acquitted for an offence punishable under Section 138 of Negotiable Instruments Act. On perusing the record and after hearing both the sides, I find that the appeal raises arguable questions of law. Even assuming that the cheque was issued in blank, the net result of this would be that there is no presumption under Section 139. Complainant however, produced the account to substantiate her case that the amount of the cheque was due to her. Part of the accounts are signed by the respondents till March-1999. The amount which is shown due on the signed account is however, at variance with the : 2 : reply given to the notice of demand. In these circumstances, leave granted. Office to number the appeal. CRIMINAL APPEAL NO. OF 2007 1. Leave has been granted by a separate order passed today. Hence, appeal admitted. Advocate for the applicant in application waives notice. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)