( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2966 OF 2009 Harish Kishanchand Lakhwani APPLICANT VERSUS Abdul Syeed Abdul Hamid RESPONDENT ..... Mr. Sachin S. Panale, advocate for the applicant. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 11th September, 2009] PER COURT : 1. Heard. 2. There are two (2) conflicting judgements of the Courts below. The respondent was convicted by the learned Judicial Magistrate (F.C.) in summary case bearing S.C.C. No. 2659/2006 and has been acquitted by the learned Sessions Judge in criminal appeal No. 209/2007 for offence punishable under section 138 of the Negotiable Instruments Act. The judgement of acquittal rendered by the appellate Court needs further consideration in as much as two contrary findings have ( 2 ) been recorded by the Courts and normally, the appreciation of the evidence by the trial Court needs to be approved unless there is substantial error in the process. In this view of the matter, I find that this is a fit case in which leave to appeal may be granted. 3. The application is allowed. Leave to appeal is granted. 4. Admit the appeal. 5. Call for record and proceedings. 6. Print is dispensed with. The appellant to furnish private paper-book within ten (10) weeks after the record and proceedings are received. [ V.R. KINGAONKAR ] JUDGE NPJ/criapln2966-09