1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1806 OF 2007 IN CRIMINAL APPEAL NO. OF 2007 Shree Datta Sahakari Sakhar Karkhana Ltd. ... Applicant Vs. Vijay G. Dhongale & Ors. ... Respondents Mr. S.S. Patwardhan for the applicant. Mr. Datta H. Pawar for the respondent No.1. Ms. S.V. Gajare APP for the respondent State. CORAM : MRS. MRIDULA BHATKAR, J. Dated :- 15th September, 2009. PC : 01. This application for leave to appeal is filed against the judgment of acquittal passed by the learned JMFC, Panhala, District-Kolhapur. The discrepancy in the amount due and amount written in the cheque, is the only ground of acquittal as considered by the trial judge. The counsel appearing for the complainant submits that the complainant has presented the documents which explain the difference of 2 Rs.2,500/- approximately. However, it is not considered though on every count the learned Judge has accepted that the complainant has proved its case. According to learned counsel appearing for the accused mere exhibition of the document does not amount the proof of the document. On this point he relies on the ruling in the case of “Mahendra Gulabchand Kochar Vs. Sakharam Ramdas Patil” reported in 2009 ALL MR (Cri) 1995. Considering the facts and also the ratio laid down in the judgment (supra) of the bench of this Court, there is an arguable law point, hence is admitted. 1. Application for leave to appeal is granted. Appeal is admitted. 2. Issue notice to take action under Section 390 of the Cr.P.C. Is to be taken by the Trial Court. 3. Accused is to be released on bail immediately. (MRIDULA BHATKAR, J.) 3