IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1270 OF 2007 CRIMINAL APPLICATION NO. 1270 OF 2007 CRIMINAL APPLICATION NO. 1270 OF 2007 Shri Ishwarbhai Hirdas Patel ...Applicant (Orig.Complainant) vs. Shri Rajesh Bhatia & Ors. ...Respondents (No.1 and 2 Orig.Accused) Mr.A.S. Khandeparkar i/b. M/s.Khandeparkar & Associate for the Applicant. Mr.S.S.Pednekar, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : OCTOBER 13, 2008 DATED : OCTOBER 13, 2008 DATED : OCTOBER 13, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant. 2. The applicant is challenging the judgment and order passed by the trial court whereby the respondent accused was acquitted for offence punishable under Section 138 of the Negotiable Instruments Act. The trial court has acquitted the accused on the ground that the applicant has not established that the cheque, in question, was signed by the accused though xerox copy of the original was permitted to be brought on record by the trial court as secondary evidence. - 2 - 3. Counsel for the applicant submits that in view of the specific admission by the accused that he had issued those cheques, there was no question of proving that the said cheques were signed by the accused. He invited my attention to the admission made by the accused regarding the issuance of the said cheques. Hence, prima facie case is made out by the applicant for grant of leave. 4. Leave granted. Appeal is admitted. Hearing of the appeal is expedited. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)