1 Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3475 OF 2007 WITH CRIMINAL APPLICATION No. 3476 OF 2007 Yuvraj Shripati Jadhav .. Applicant. vs. Rajendra Baburao Bhosle and Anr..Respondents. Mr B. A. Walimbe, Adv. for the applicant. Amit M. Shete, Adv. For Respondent No.1. Mr D. P. Adsule, A.P.P., for the State. CORAM: A.R.JOSHI,J. DATE : 08TH MAY,2009. P.C.:- . Heard rival submissions for some time in both leave applications preferred by the same applicant – original complainant. He had filed two complaints for taking action against the respective accused, husband and wife respectively, for the offence punishable under section 138 of the N.I. Act. According to the complainant, in respective matters cheques for Rs. 1,90,000/- and for Rs. 1,60,000/- were given by respective accused. Admittedly, giving of such cheques and 2 signing those cheques is not in dispute. Dispute is that how much amount was due and payable to the complainant out of the alleged transaction of sale of one Mahendra Marshall jeep. It appears that the learned Trial Court was influenced by the defence which was putforth only at the time of trial and not by way of reply to the demand notices as to no such liability was existing and the cheques were given for the security. . In the opinion of this Court, after going through the documents annexed to the applications and after hearing rival submissions there is a issue which can be tried at the appeal and consequently leave to appeal is required to be granted in both the matters. Hence, both the leave applications are allowed. Appeals are admitted. Call for R and P. A.R.JOSHI,J.