1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2341/2008 WITH CRIMINAL APPEAL NO.388/2008 India Cements Capital Ltd. Applicant Vs. Magnum Intermediates Ltd.& Ors. Respondents Mr.Ashok K.Wanwari i/b M/s Mannadiar & Co.for the applicant Mr.Rishi Bhuta,Advocate for Res.1 to4 Mr.A.S.Shitole,APP for the State Coram: Mrs.Mridula Bhatkar,J. Date : 9th April,2009. P.C. . This is an application u/s 378(4) of the Criminal Procedure Code seeking special leave to appeal directed against the order of acquittal passed by the i/c Special Metropolitan Magistrate,Bombay dt.22.2.2008. The matter is out of the transaction based on hire purchase agreement dated 9/1/1998. Pursuant to that a cheque which was given by the accused was dishonoured which led to this prosecution. 2] Read judgment and evidence of P.W.1.Heard submissions 2 of the learned advocate for the applicant as well as the respondents. 3] My attention was drawn to the admission given by P.W.1 in the cross examination about respondent no.3 and 4 (i.e.original accused no.3 and 4) that there is absolutely no document to show that accused nos.3 and 4 have taken any part in the transaction. While meeting this point learned counsel for the applicant has fairly conceded that the complainant could not tender any such evidence. Considering this evidence and the submissions on this point this leave application is not pressed against respondent nos.3 and 4 . 4] The other issues of having legal and proper authority to the complainant when the original company has assigned its recovery powers to the other company and the issue of proving the liability are arguable . 5] Hence special leave to appeal is granted against Respondent no.1 and 2.Application is allowed. Appeal is admitted. (Mrs.Mridula Bhatkar,J.) 3