1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1171 OF 2011 Rajesh Nanikram Sukheja .Applicant V/s. Sunil Rameshlal Sundrani & anr. .Respondents Mr.Vikram Chavan, Advocate, for the Applicant Ms Rajeshree Gadhvi, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 9TH DECEMBER, 2011 P.C. . Heard the learned counsel for the respective parties. 2. This is an application for leave to file an appeal against acquittal of respondent No.1 ordered by the learned Judicial Magistrate F. C., Ulhasnagar for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, in spite of the fact that the applicant had duly shown a loan granted to the 2 respondent for a sum of ` 11,50,000/- in his account books and the accused had not disputed having signed the cheque, though it was dishonoured because signature did not tally. The Judgment requires re-consideration. Leave granted. 3. Admit. 4. Call for R & P. 5. Action under Section 390. (R.C.CHAVAN, J.)