:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.562 OF 2006 WITH CRIMINAL APPLICATION NO.563 OF 2006 Mahatma Jotirao Phule Gramin Bigar Sheti Sah Pat Sanstha Ltd. Barloni, Madha, Dist. Solapur. ..Applicant. Vs. Haridas Rajaram Ingle and ors. ..Respondents. Mr.I.M. Khairdi for the Applicant. Mr.A.M. Kulkarni for the Respondent No.1. CORAM: R.S. MOHITE, J. DATE : 8th August, 2008 PC : 1. This is an application for leave to file appeal. Perused the impugned judgment and order. The Judgment and order acquitting the accused U/s.138 of the N.I.Act is based on cogent and acceptable reasons. The complainant was pathsanstha. A statement of account was produced and it has been observed by the court that the same does not tally with the cheque amount as on the date of the cheque. It is mentioned that certain payments were made and this was admitted in the 138 notice. These payments are also not reflected in the said statement. In the circumstances, the court has rightly held that presumption under Section 139 is rebutted. Not a fit case to grant leave. Application is therefore, rejected. Consequently the appeal papers to be filed. :2: CRIMINAL APPLICATION NO.563 OF 2006 1. Call for R & P. List the application after record and proceeding is received. (R.S. MOHITE, J.)