1 Cri.Appln.No.291/2010 fmp IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.291 OF 2010 Appasaheb s/o Bhujangrao Kolhe ... APPLICANT VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Shri A.A. More, Advocate for applicant Shri B.J. Sonawane, A.P.P. for respondent No.1. Shri S.S. Wagh, Advocate for respondent No.2. ..... CORAM : U.D. SALVI, J. DATED : 13th October, 2011. PER COURT : 1. The applicant is seeking leave to prefer an appeal against the judgment and order dated 18.11.2009, passed by the Judicial Magistrate, First Class, 6th Court, Aurangabad acquitting the respondent/ accused of the offence punishable under Section 138 of the Negotiable Instruments Act in respect of the cheque of Rs.21 Lakhs in S.C.C. No.3036/2006. It is submitted that, the respondent/ accused went in Criminal Appeal No.202/2009 against the said order of conviction before the Sessions Court, Aurangabad and got the said judgment set aside and the case remanded back 2 Cri.Appln.No.291/2010 fmp to the trial Court for giving composite finding on both the cheques vide judgment and order dated 19.8.2010 in Criminal Appeal No. 202/2009. As a result of this remand, the trial Court examined the entire evidence and passed the impugned judgment dated 13.5.2011 acquitting the respondent/ accused of the offence punishable under Section 138 of the Negotiable Instruments Act in respect of both the cheques. 2. In view of this position, the appellant submits that, there is no propriety of pursuing the Criminal Application No. 291/2010 and as such, the same may be disposed of with liberty to pursue the appeal preferred against the impugned judgment and order dated 13.5.2011 in S.C.C. No.3036/2006. The impugned judgment and order dated 13.5.2011 is composite one, dealing with both the cheques and as such, Criminal Application No.291/2010 needs to be disposed of and it stands disposed of accordingly with liberty to the appellant to pursue Criminal Application No. 3562/2011 moved for grant of leave to prefer an appeal against the impugned judgment dated 13.5.2011. ( U.D. SALVI, J. ) fmp/cri291.10