1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 976 OF 2009 Srikant Saranlal Gupta ... Applicant Vs. Parveez Rahamat Ahmed & anr. ... Respondents Mr. Ditendra Mishra for the applicant. Mr. M. Tailor for the respondent No.1. Miss. S.V. Gajare APP for the respondent State. CORAM : MRS. MRIDULA BHATKAR, J. Dated :- 15th September, 2009. PC : This application for leave to appeal is filed against the order dated 07.01.2009 passed by the learned Metropolitan Magistrate acquitting the accused for the offence punishable under Section 138 of the Negotiable Instruments Act, considering the evidence so also the defence of the accused in respect of the payment of Rs.20,000/- and lodging the 2 complaint with police at Mhapsa (Goa). Considering the facts and the evidence leave granted. Appeal is admitted. Action under Section 390 is to be followed by the trial Court and accused be released on the same bail forthwith. (MRIDULA BHATKAR, J.) 3