1 Cri-Appl-4114 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.4114 of 2010 M/s.Prashant Telecom through Prashant Dharani ... ... Applicant (Orig.Complainant) v/s. 1.Mr.Rajnibhai Parekh & anr. ... Respondents (No.1  Orig.Accused) Mr.V.M. Vaghela for Applicant. Mr.S.A. Shaikh, APP for State. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 25th April 2011 P.C. : 1.This is an application for leave to file an appeal against the order of acquittal of Respondent No.1 passed by the learned 2nd Joint JMFC, Vashi dated 11th June 2010. The complaint under Section 138 of the Negotiable Instruments Act came to be made for recovery of the amount under the dishonourned cheque given by the accused as part payment of the goods sold and delivered to the accused by the complainant. The learned Judge has neither considered the admissibility of the documents relied upon by the complainant nor exhibited the same. The learned judge has taken as 2 Cri-Appl-4114 proved the truth of the contents of the reply to the demand notice sent by the accused to the complainant and relied upon by the complainant. The fundamental aspect of the law of documentary evidence relating to the proof of the contents is not shown. The accused has been acquitted on the contention that he had no business transaction with the complainant and had not issued the dishonoured cheque. The documents of the complainant showing the transaction would have to be considered for their proof. Hence the order requires reconsideration. 2.A notice has been issued upon the accused/Respondent No.1. He is represented by an Advocate. 3.Leave to appeal is granted. 4.Issue notice upon Respondent No.1 to remain present to furnish the bail bonds, returnable on 6th June 2011. 5.Appeal to be placed on Board on 6th June 2011. 6.Application is disposed of accordingly. (SMT.ROSHAN DALVI, J.)