((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3909 OF 2007 Milind Mohan Vadangekar Applicant versus M/s.Sanjay Enterprises & others Respondents Sugandh B. Deshmukh for applicant. S.V.Sadavarte for respondent no.3. J.P.Yagnik, APP for State. CORAM : A.S.OKA, J. DATE : 04th March 2009 PC : 1. Heard the advocate for the applicant in support of the application for special leave under section 4 of section 378 of the Code of Criminal Procedure, 1973. The complaint filed by the applicant alleging commission of an offence under section 138 read with section 141 of the Negotiable Instruments Act, 1881 has resulted in acquittal. 2. The finding of the learned Trial Judge based on the admitted position is that the cheque subject matter of the complaint was drawn on the account of M/s.Sanjay Shah and ((-2-)) Associates, a proprietary concern of which the second respondent (second accused) was the sole proprietor. It appears that it is an admitted position that the second respondent is the signatory to the cheque. 3. The first respondent (first accused) is M/s.Sanjay Enterprises, a partnership firm. The third respondent (third accused) was impleaded by invoking section 141 of the said Act on the ground that he was a partner of the first respondent. However, it is an admitted position that the cheque was not drawn on the account of first respondent. Therefore, the applicant could not have prosecuted first and third respondents. 4. Hence, the application is rejected insofar as first and third respondents are concerned. A case is made out to grant special leave to prefer an appeal as against the 2nd respondent. Special leave to prefer an appeal is granted confined to second respondent. The appeal is admitted. Call for the record and proceedings. (A.S.OKA, J.)