1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1953 OF 2008 Ganesh Benzoplast Limited ..Applicant V/s. The State of Maharashtra & ors ..Respondents Mr.Manish Bohra i/b.A.S.Khan & Associates, Advocate, for applicant Ms.A.A.Mane, A.P.P, for the State CORAM : K.U.CHANDIWAL, J. DATE : 6TH AUGUST, 2008 P.C. . Heard. 2. The appellant in Criminal Appeal No.314 of 2004 challenged the order of conviction passed by the learned Metropolitan Magistrate, 28th Metropolitan Magistrate Court, Esplanade, Mumbai dated 20th June, 2005 in C.C.No.344/S/2000. The learned Additional Sessions Judge, Greater Bombay in the absence of appellant and his advocate though the matter was kept for dismissal, allowed the appeal and thereby set aside the Judgment of the 2 learned Metropolitan Magistrate. The findings recorded by the Appellate Court are subject to criticism as to reference of a cheque which was in fact issued in the name of Railway, as to non- production of a resolution when there was a Power of Attorney in favour of the witness of the complainant. In this situation, application for leave to appeal is granted. (K.U.CHANDIWAL, J.)