1 cri.appln 5591-2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5591 OF 2009 Bhalchandra Baburao Kanade ...Applicant VS. Mahadev Babu Yamgar & Anr. ...Respondents None for the Applicant. Mr.S.V. Kotwal i/b. Mr.P.G. Kapadnis for Respondent No.1. Smt.M.M. Deshmukh, APP for the State. CORAM : U.D. SALVI, J. DATED : APRIL 15, 2011 P.C :- 1 Mr.Kotwal for respondent No.1 present. Smt.Deshmukh, APP appears for the State. Perused the application, annexures thereto and the impugned judgment. 2 The defence that the cheque, in question, was stolen from the file of Shri Ambika Gramin Bigar Seti Sahakari Pathsanstha Limited, Kalwan, and 2 cri.appln 5591-2009 misused for lodging a case under Section 138 of the Negotiable Instruments Act was rightly accepted by the learned trial court in view of the defence evidence particularly of DW-1 Gokul Dattatraya Aher, Manager of the Pat Sanstha. No case made out for grant of leave. 3 Leave is refused. (U.D. SALVI, J.)