1 FARAD CONTINUATION SHEET. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 321 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 Bhupesh G. Singh holding for Diwakar Dwivedi for the Applicant. Mr D.P. Adsule, A.P.P.for the State. CORAM: A.R.JOSHI,J. DATE : 15TH JUNE,2009. P.C.:- 1. Heard the learned Advocate for the applicant – original complainant in the matter of acquittal of respondent No.1 for the offence punishable under Section 138 of the N.I. Act. In the present application, the applicant has prayed for leave to appeal against the said acquittal passed by the J.M.F.C.Pethwadgaon dated 28.8.2008. Though, respondent no.1 – original accused was served and represented by his Advocate Shri P.V. Jadhav, none appears for respondent no.1. Perused 2 the documents. Apparently, demand notice was served on respondent no.1- accused but he did not reply. It appears that the Trial Court was weighed with the submission of the accused that the cheque amount was given as and by way of security. It appears that there is triable issue in the appeal before this Court. Hence, leave to appeal is granted. Appeal be numbered. Call for R and P. A.R.JOSHI,J.