1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1621 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 Shabu Bhimappa Dudhale ... Applicant Vs. Parmanand Dhanmal Jethani & anr. ... Respondents Mr. Indrajeet Joshi i/b Mr.Abhijit M. Adagule for the applicant. Mr. Niranjan Mundargi for respondent No.1. Mr. J. P. Kharge APP for the respondent State. CORAM : MRS. MRIDULA BHATKAR, J. Dated :- 17th September, 2009. PC : 01. This Revision Application is filed against the order of acquittal dated 29th January, 2009 passed by the JMFC, No.5, Kolhapur for the offence punishable under Section 138 of the Negotiable Instruments Act. In the present case, the accused is acquitted on the ground that the complainant has failed to prove the legally dischargeable debt. Whether absence of break up and the details of hiring charges can be 2 inferred as failure to prove legally dischargeable debt or not is an arguable point. How far the complainant has stood to give details about the due amount is also to be discussed. 02. Leave to appeal under Section 378(4) is granted. 03. Appeal admitted. 04. The learned counsel appearing for the respondent-original accused submits that he is representing the accused in this appeal. Hence, in view of the submission of the learned counsel, no order is passed under Section 390 of the Code of Criminal Procedure. (MRIDULA BHATKAR, J.)