IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3235 OF 2007 IN CRIMINAL APPEAL NO. OF 2007 Hindustan Coca Cola Marketing ) Company Pvt.Ltd., )..Applicants Versus Balaji Agency & Ors. )..Respondents ---- Mr.Amit Desai with Umang Jaji, Ms.Mushraf Bukhari i/by M/s.D.H.Law Associates for the applicants. Ms.Fenila N.Nair & M.S.Prasad for respondent. Mr.Y.M.Nakhawa APP for the State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 24.07.2008. PC 1. Heard both sides. Arguable points are raised in the application and in the proposed appeal. One of the defence of the accused was that he has never signed the cheque in question. This defence is found to be false on the comparison of the signature made by the Court with the three signatures under 313 statement of the accused. Once this defence is disbelieved then the question is whether the accused has discharged his burden cast by section 139 and whether this burden can be said to be discharged merely on account of the fact that certain documentary evidence has not been produced by the complainant in the absence of any evidence led by : 2 : the accused. These aspects require re-consideration. Hence, leave granted. Consequently appeal to be numbered. CRIMINAL APPEAL NO. OF 2007 1. Leave has been granted by a separate order passed today. Appeal admitted. Office to number the appeal. Advocate appearing in the application for leave to appeal waives service in the main appeal. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)