1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2203 of 2006 Shri Baldevraj Gulati ..Applicant. vs. Rahul Caterers and Other ..Respondents. .... Mr.Shri V.A.Shastry for the applicant. Mr.D.P.Adsule A.P.P.for respondent/State. .... CORAM : A.R. JOSHI,J. DATE : 16th July 2009. P.C.: 1. Heard Mr.V.A.Shastry for the applicant. Though respondent no.1 is served, none for him. It is a matter of leave petition to file appeal against the acquittal of respondents-acquitted accused, who was acquitted in the matter for the offence punishable under Section 138 of the Negotiable Instrument Act. 2. Perused the reasoning given by the Trial Magistrate. It appears that the Trial Magistrate was influenced by the factual position that the name of the payee was inserted by the complainant and as such, it was held by the Trial Magistrate 2 that the defence of the respondent as to cheque is given to Poona Club and not to the complainant is established. It also appears that Trial Magistrate accepted the evidence of respondents- accused as he examined himself. It is an admitted position that signature on the cheque has not been disputed and what is disputed is any liability to pay any amount to the complainant under the said cheque. Considering the evidence brought before the Trial Magistrate by way of examination of four witnesses by the complainant and considering the evidence of the respondent-accused, in the opinion of this Court, there is a substance in the present matter to be dealt in appeal in order to ascertain correctness and legality of the impugned judgment and order of acquittal. In view of this, leave petition is allowed. Appeal is admitted. Call for R. & P. (A.R. JOSHI,J.)