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 APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2157 OF 2008 WITH CRIMINAL APPEAL NO. OF 2008 M/s. Kanodia Fashions. ..Applicants. Vs. The State of Maharashtra and ors. ..Respondents. Mr. S.K. Jain for the Applicants. Mr. B. Palai for the Respondents No.2 to 5. Mrs. M.H. Mhatre, APP. for the State. CORAM : R.S. MOHITE, J. DATE : 4th August,2008. P.C. P.C. P.C. 1. Heard both sides. 2. Arguable points are involved in this application. The Trial Court has held that defence taken by the accused that duly signed cheques were stolen have not been proved by the accused. As regards the Summary Suit, the conditional leave has been granted by the court by holding that there is no defence. Apart from this, in the present proceeding invoice was produced to show the sale of goods. The matter requires consideration. Hence, leave granted. CRIMINAL APPEAL NO. OF 2008 1. As the leave has been granted by a separate order passed today hence, appeal admitted. Office to number the appeal.The Advocate for the respondents waives service in the appeal. (R. S. MOHITE, J.)