1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 432 /2010 IN CRIMINAL APPEAL NO. 310 /2010 (Jawahar Cooperative Cotton Prakriya Sanstha vs. Yashwantrao Ganpatrao Patil & another ) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Ms. Seema Shirnath Adv.h/for Mr Wachasunder Adv..for applicant Mr Alok Daga Adv.for R-1 Mrs. A.R.Taiwade, APP for Respondent 2 CORAM : A.P. BHANGALE, J. DATED : 6 th September, 2010. Heard. 2. Learned Advocate for applicant/appellant is seeking leave to file appeal under section 378 (4) of Cr.P.C. to file appeal against the judgment of acquittal passed by learned trial Magistrate. It is the grievance of the learned Advocate for the appellant that while deciding SCC 1390/2005 only one all inclusive point is framed which was answered in the negative before passing the final order of acquittal. Under these circusmtances, leave is prayed for. 3. Learned Advocate for the respondent no.1/ accused contended that the cheque in question was issued by way of security and, therefore, acquittal order passed by the trial Magistrate was justified. Be that as it may, arguable case is made out as in view of the ingredients of 2 the offence punishable under section 138 of the NI Act separate points ought to have been framed in order to appreciate the evidence led on record properly so as the answer them individually. Leave is therefore, granted. Application is allowed. Admit. Call R & P. JUDGE Sahare