- 1 - 3012.3010 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.3010 OF 2010 in CRIMINAL APPEAL NO. OF 2010 M/s Siraj Trading Company .. Applicant (Orig.Complt) vs Mr.Ayub Sayyad Hasan Sayyad & anr .. Respondents (No.1.Orig.Accd) with CRIMINAL APPLICATION NO.3012 OF 2010 in CRIMINAL APEAL NO. OF 2010 M/s Siraj Trading Company .. Applicant (Orig.Complt) ` vs Mr.Ayub Sayyad Hasan Sayyad & anr .. Respondents (No.1.Orig.Accd) .. Mr.U.R.Mankapure for Applicant Mr.S.A.Shaikh APP for Respondents CORAM: N.D.DESHPANDE, J DATED: December 6, 2010 P.C. 1. Heard learned advocate for the Applicant for leave to admit the appeal against the - 2 - 3012.3010 order of acquittal of the accused-respondent who was prosecuted in a complaint case under section 138 of the Negotiable Instrument Act popularly called as cheque bouncing case. The respondent-accused came to be acquitted by an order dated 5.5.2010 passed by the trial court. Hence, this appeal for leave to appeal. 2. These two appeals preferred are between the same parties in respect of two cheques bounced each of the value of Rs.50,000/- and arising out of two separate complaints, and considering the accusations in the complaint, and the defence raised by the respondent-accused after pleading not guilty , both the complaints came to be dismissed by a common judgment and order with reasons. 2. It has been pointed out that the respondent-accused has admitted the loan amount received from the complainant on two separate - 3 - 3012.3010 dates. His defence is that he repaid the amount. It is also found that the cheques issued by the respondent/accused were dishonoured and the findings have been recorded to that effect. The reason according to the applicant/complainant given by the learned trial court is that the said transaction did not figure in the income tax returns. As most of the facts are found in favour of the complainant, prima facie, Hence, leave to appeal granted. 3. Issue notice to the respondent-accused, returnable after Christmas vacation. N.D.Deshpande, J - 4 - 3012.3010