1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.381 OF 2007 IN CRIMINAL APPEAL NO. OF 2007 Shriram Chits (Maharashtra) Ltd. .. Applicant V/s. Sachin Ravindra Warghade & Anr. .. Respondents Mr.Saikumar P.M. for the Applicant. Mrs.M.H.Mhatre, A.P.P. for the State. CORAM : A.R.JOSHI, J. DATED : JUNE 29th, 2009. P.C. Heard learned Advocate Mr.Saikumar for the Applicant/Appellant. Reportedly, Respondent No.1 original acquittal accused is already served, however, none present for him. 2. It appears that Trial Magistrate was influenced with the defence of the Respondent accused that blank cheque given by him was used by the complainant and was misused. It appears that applicant complainant is a company running Chit Fund Scheme and money was 2 given in lump sum to accused and it was to be repaid by way of post dated cheques and one of the cheques got bounced resulting in filing of the complaint under provisions of section 138 of Negotiable Instruments Act. 3. It appears that there is a triable issue before this Court to test the legality and correctness of the impugned order of acquittal. Hence, leave petition is allowed. 4. Appeal is admitted. 5. Call for R & P, if earlier not called. 6. In view of the above, the leave petition, is accordingly, disposed of. (A.R. JOSHI, J.)