1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application No. 4344/2008 in Criminal Appeal No. 835/2008 ( M/s Sai Auto Agencies .vs. Sheikh Yusuf Sheikh Umar ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.N. Badhe, Advocate for Applicant. CORAM : P.D. KODE, J. DATED : DECEMBER 15, 2009 Heard. By the present application, the applicant/complainant in original S.C.C. No. 5716/2006 of the 2nd Court of JMFC Amravati has prayed for a special leave under Section 378(4) of the Cr.P.C. for preferring an appeal against the judgment and order dated 23.9.2008 acquitting the respondent for commission of offence punishable under Section 138 of the Negotiable Instruments Act. The submission of learned counsel for applicant that the trial Court has erroneously assumed of the complainant having not established case beyond pale of doubt and/or having wrongly reached to the finding of the respondent having rebutted the presumption arising out of the statutory provision considered in the light of the reasoning recorded in paras 7 to 10 of impugned 2 judgment leads to prima facie conclusion of applicant having made out an arguable case for awarding the leave as prayed for as the relevant matter needs to be examined in the light of the record and proceedings of the concerned case. Hence leave granted Criminal Appeal No. 835/2008 Heard. Issue notice before admission to the respondent returnable on 12.1.2010 indicating that the matter may be disposed of finally at the admission stage after hearing both the parties. Call for R. & P. Mr. V.L. Navlani, Advocate appears for the respondent by waiving notice. JUDGE halwai