1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.670 OF 2009 IN CRIMINAL APPEAL NO. OF 2008 Vasant Corporation, Sangli .. Applicant V/s. Raju Traders, Sangli & Anr. .. Respondents Mr.Anilkumar Patil for the Applicant. Mr.Nagesh Chavan for Respondent No.1. CORAM : A.R.JOSHI, J. DATED : JUNE 18TH,2009. P.C. Heard the rival submissions for some time. 2. It is the application for leave to file an appeal against the order of acquittal of Respondent No.1 in the matter of offence punishable under section 138 of Negotiable Instruments Act. 3. In this matter, three cheques of Rs.25,000/- 2 each were dishonoured which were given by Respondent No.1 accused from his account. According to the case of the complainant said cheques were given towards the payment of the material supplied about 30 Tons which is the cattle feed. Acknowledgment receipt of said cattle feed is produced by the complainant during the trial, but, it was denied by the accused. Demand notice was issued to the accused, but, it was refused. There was no payment, hence, there was filing of the complaint. 4. It appears to be the defence of the accused that he had taken a loan of Rs.20,000/- from the complainant in order to secure such repayment he had given blank cheques with his signatures and such cheques were used by the complainant and all the dishonured cheques were fabricated by him by putting the figure of his choice. In order to substantiate such defence accused/Respondent No.1 did not enter in to the witness box and did not offer himself for cross examination to test such defence. It appears that learned trial Magistrate was weighed with such defence without there being much material on record and definitely it is a matter which is required to be tested in the appeal before this Court in order to ascertain the correctness and legality of the impugned order of acquittal. Hence, 3 the present leave petition is allowed. 5. Appeal is admitted. 6. Call for R & P, if earlier not called. 7. With these directions leave petition is disposed of. (A.R. JOSHI, J.)