IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.755 OF 2008 ALONGWITH CRIMINAL APPLICATION NO.756 OF 2008 Avinash Baburao Kadam )..Applicant Versus Chandrashekhar Suryakant Kadam & Anr.)..Respondents ---- Mr.V.N.Shingnapurkar for the applicant. Mr.Rajesh More APP for the State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 24.07.2008. PC 1. These are the applications for leave to appeal against an acquittal under Section 138 of Negotiable Instruments Act. The defence of the accused who has been acquitted was that he had not issued a cheque in the year 2000. In fact, he had issued a cheque to the brother of the complainant Rajendra in the year 1991. The Court has found from the evidence that a cheque book out of which the cheque was issued was in fact of the year 1991. The evidence indicates that the accused had a partnership with the brother of the complainant and that the suit for accounts was filed in the year 1989. In this background, it has been held that the defence of the accused is probable and that accused has discharged his burden. The cheque involving is for an amount : 2 : of Rs.10,000/-. In my view, this is not a fit case to interfere with in an appeal against acquittal. Hence leave refused. Consequently appeal papers to be filed. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)