IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3047 OF 2007 IN CRIMINAL APPEAL NO. OF 2007 Anchor Daewoo Industries Ltd. .. Applicants V/s. M/s.Pratyankara Electronics Pvt.Ltd & Ors. .. Respondents Mr.R.S.Patil for the Applicants. Mr.Yogesh Jaybhaye for Respondent Nos. 1 and 2. Mr.A.S.Shitole, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : APRIL 23rd , 2009. P.C. Heard rival submissions for some time. 2. The leave to appeal filed by original complainant present applicant challenging the acquittal of original accused Respondents in the matter of offence punishable under section 138 and 141 of Negotiable Instrument Act. On perusing the documents produced, and on hearing the rival submission, it transpires that the learned Trial Court was influenced by the letter produced by the accused during the trial, for the first time mentioning that the outstanding 1 amount was not to the extent of the cheque amount, but it was only Rs.31,000/- and odd and it was as per the closures of the accounts as on end of March, 2001. It appears that learned Trial Magistrate has erroneously accepted that the original complainant had accepted the receipt of such letter. However, the arguments on behalf of the complainant which was filed in writing specifically denied receipt of such letter, even otherwise also such defence of the accused was not put forth while reply on the demand notice. There was no any offer while replying such demand notice that the outstanding amount is erroneously mentioned and outstanding was only Rs.31,000/- and odd, when the outstanding dues were to the tune of Rs.31,000/- and odd. 3. Considering the above circumstances, in the opinion of this Court, there is a scope for hearing the Appeal and the leave as prayed is required to be granted. 4. With the above observations leave is granted. 5. Appeal is admitted. 6. Call for record and proceedings. (A.R. JOSHI, J.) 2 3