IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2953 OF 2007 Manohar Marotirao Shinde .. Applicant V/s. The State of Maharashtra & Anr. .. Respondents Mr.G.R.Agarwal for the Petitioner. Mr.A.S.Shitole, A.P.P.for the State. Ms.Indayani Koparkar for Respondent No.2. CORAM : A.R.JOSHI, J. DATED : APRIL 21st , 2009. P.C. Heard rival submissions for some time. 2. It is the application by original complainant for leave to challenge the order of acquittal of Respondent No.2 in the matter of 138 of Negotiable Instruments Act proceeding. On hearing rival submissions and considering the main defence of Respondent No.2 as to he had given three cheques in blank as and by way of security for completing some fabrication work allegedly given to him by the 1 complainant and for which complainant had given him a cheque of Rs.75,000/-. The reasons given by the Trial Magistrate is also seen as to not believing the loan receipt for Rs.85,000/- executed by the accused Respondent No.2 in favour of the complainant. Considering the case of the complainant as to he received three cheques of Rs.25,000/- each which were got dishonoured and also receipt of a cheque for Rs.10,000/- which was honoured and considering the defence and appreciation of the evidence by Trial Magistrate, in the opinion of this Court there is a substance in the arguments on behalf of the Applicant and matter is required to be tried in the Appeal. Hence, leave is granted and present application for leave is allowed. 4. Appeal is admitted. (A.R. JOSHI, J.) 2