1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1770 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 Pramod Kumar Jain .. Applicant V/s. The State of Maharashtra & Anr. .. Respondents Mr.Abad Ponda for the applicant. Mr.D.P.Adsule, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : JULY 3rd , 2009. P.C. Heard the learned Advocate Mr.Ponda for the applicant. Respondent No.2 is already served and affidavit of service is already filed. However, none for Respondent No.2. 2. It is the leave petition to file an appeal against the acquittal of Respondents in the matter of offence punishable under section 138 of Negotiable Instruments Act. 2 3. Perused the documents annexed to the application. Also perused the reasoning given by the trial Court in acquitting the accused. It appears that the trial Court was influenced by the evidence of the complainant that Pramod Kumar Jain Securities Pvt.Ltd., is the payee of the cheques and it is a body corporate and therefore it is to be represented by some person and accordingly represented by Pramod Kumar Rathod. As Pramod Kumar Jain, is substituted in place of Pramod Kumar Rathod, he can represent company subject to filing the authority. But the accused argued that as the resolution is not exhibited, the complainant is not authorized to file complaint as well as to lead evidence. Therefore, his evidence cannot be taken into consideration. There was a resolution for the witness for the complainant to depose on behalf of the complainant. It appears that there was no any mentioning except denial of the documents mentioned in the affidavit The accused challenged the authority of the complainant while cross examining him. Even, there is no evidence on behlaf of accused to deny the liability to pay in the matter of dishonour of cheque of Rs.10 lakhs. In the opinion of this Court, there is a triable issue in the present appeal and as such present leave petition is allowed . 4. Call for R & P if earlier received. 5. With these directions the application is disposed of. (A.R. JOSHI, J.) 3