1 Ladda FARAD CONTINUATION SHEET. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No.506 OF 2009 Office notes, office Memoranda of Coram, apperances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr Prakash Naik i/b Rajesh Desai for the Applicant. Mr D.P.Adsule, A.P.P.for the State. None for Respondent No.2 though served. CORAM: A.R.JOSHI,J. DATE : 25TH JUNE,2009. P.C.:- 1. Heard learned counsel for the applicant. It is the leave petition to file appeal against the acquittal of the respondent No.2 in the matter of offence punishable under Section 138 of the Negotiable Instruments Act (the N.I.Act for short). 2. Perused the documents and copies of the evidence and also specific evidence of the Respondent-accused who examined 2 himself during the trial before the Magistrate. It appears that the Trial Magistrate was influenced by the defence of the accused that he had given two blank cheques to one broker by name Mr Negi and those cheques were used by the complainant and false case came to be lodged on dishonour of such cheques. It appears that the Trial Magistrate has ignored the substantive evidence of the respondent No.2-accused appearing in the paragraph Nos. 22 and 23 in the notes of evidence during the cross-examination of the respondent-accused. By such answers the respondent had agreed giving the said two cheques to the complainant having his own signatures on the cheques and also having the name of the payee of the cheque in his own hand writing. Inspite of such evidence the Trial Magistrate observed that it was must for the complainant to examine the said broker Mr Negi and as such did not consider the presumption contained in Sections 118 and 139 of the N.I.Act. 3. In view of the above, there is definitely triable issue before this Court in the appeal in order to test the legality and correctness of the impugned judgment of acquittal. Hence, the present leave petition is allowed. Appeal is admitted. Call for R and P. A.R.JOSHI,J.