IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4037 OF 2006 IN CRIMINAL APPEAL NO. OF 2006 Desh Electricals & Marketing )..Applicant Versus Shri Pravin Malhotra & Anr. )..Respondents ---- Mr.R.G.Ketkar for the applicant. Mrs.A.A.Mane APP for the respondent/State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 22.08.2008. PC 1. Heard both sides. This is an application for leave to appeal. On perusing the record, I find that there are arguable points involved. The defence was that the goods supplied were sub-standared. It appears that the last consignment was delivered in January-2004 and the cheque was issued much later in February-2004. Regarding issuance of cheque, a story put up is that a signed cheque was put in the drawer and handed over at the time of delivery. It was also a defence that there was overdraft facility and the cheques should have been cleared by the bank. In my view, matter requires consideration. Hence, leave granted. Office to number the appeal. : 2 : CRIMINAL APPEAL NO. OF 2006 . As leave has been granted by a separate order passed today, appeal admitted. Office to number the appeal. Respondents in the application waive service. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)