1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.277 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 M/s.Eastern Cargo Carries .. Applicants V/s. Combined Couriers Pvt.Ltd.& Ors. .. Respondents Mr.C.K.Pendse i/b.Ms.Jyoti Chavan for the Applicant. Mr.Shailesh Kantharia for Respondent Nos.1 and 2. Mrs.M.H.Mhatre, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : JUNE 3rd , 2009. P.C. Heard rival submissions for some time. 2. It is a leave application to file an appeal against acquittal of Respondent Nos. 1 and 2 in the matter of offence punishable under section 138 of Negotiable Instruments Act. 3. Perused the documents, notes of evidence and also the reasoning given by the trial Magistrate in acquitting the Respondents. 2 Apparently, it is a case of cheque for Rs.18 lakhs and odd given by the Respondents to the complainant towards repayment of the amounts explained by the complainant on account of under valuation of the goods. Reportedly, some C.B.I. case came to be lodged on such transaction in which complainant is also accused with the present Respondents. It appears that trial Magistrate was influenced by the defence of total denial of the case and also for alternative defence as to giving of such cheque as and by way of such security. It appears that the Trial Magistrate was influenced by some answer given by the complainant during the cross examination as certain payments were received by cash after the year 1997 and according to the Respondents those payments were allegedly towards satisfying their liability to pay to the complainant. Considering the total effect of the evidence produced by the complainant and considering the reasoning given by the Trial Magistrate, in the opinion of this court, there is a triable issue in the present case in appeal in order to test the correctness and legality of the impugned Judgment and hence, leave petition is allowed. 4. Appeal is admitted. 5. R & P is called, if not already received. 6. With these directions, leave petition is disposed of. (A.R. JOSHI, J.) 3