1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPLICATION NO.2148 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 Ajayshri Gramin Non-Agricultural Patsanstha Ltd. ...Applicant (Orig.Complainant) Vs. Sambhaji Bhivrao Jagtap & Anr. ...Respondents (Respdt.No.1 Original accused) Mr.Deokar h/f. Rahul S. Kate, Advocate for the Applicant Mr. P.B.Gujar, Advocate for the Respondent No.1 Mr. S.R. Shinde, A.P.P for the State CORAM: SMT.ROSHAN DALVI, J. DATED: 9TH DECEMBER, 2009 P.C. 1.This is an application for leave to file appeal against the acquittal order by the learned Additional Sessions & District Judge, Baramati on 15 th January 2009 setting aside the order of conviction passed by the learned Judicial Magistrate, First Class, Baramati. 2 2.It is observed in the impugned judgment that the complainant has specifically admitted that the outstanding amount was Rs.78,029/- but the cheque was drawn for Rs.85,738/-. The complainant was called upon and has agreed to produce original ledger account of the accused, but had failed to produce that. It would have to be seen whether the cheque amount represents the outstanding amount plus reasonable and bonafide interest thereupon. It would have also to be seen whether the ledger account does reflect the said amount and whether complainant can rely upon this. Hence, the application for leave to appeal is granted. 3.Call for R & P. 4.Respondents waives service. (SMT. ROSHAN DALVI, J.)