1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.1041 of 2009 In Cri.Appeal St.No.222 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The application is filed U/s 378(4) of the Cr.P.C. for leave to appeal. 3. Having heard learned counsel for the parties and on going through the impugned judgment, what transpires is that the applicant deals in business of seeds. He placed on record extract of the book of account, delivery challan and other documents in order to prove that the Respondent purchased seeds worth Rs.1,83,134/-. (Rupees one lac eighty three thousand one hundred thirty four). The case of the Respondent was that he was agent of the applicant and use to distribute the goods as per the agreement of which a xerox copy is placed on record. 4. The Respondent is acquitted on the basis of the copy of agreement which was placed on record. Whether the xerox copy of the agreement was admissible in evidence and could be regarded as sufficient reason to pass order of acquittal is a question which needs consideration. It is also necessary to examine whether the defence is probabilised by the Respondent and the presumption U/s 139 of the N.I. Act, is rebutted. Considering these aspects, leave to appeal is granted. The application is allowed. 5. Admit the appeal. 6. The appellant to furnish private paper book within six (6) weeks. 7. Call R & P. 8. Mr. Joydeep Chatterji, learned advocate waives service for the Respondent and hence, no action U/s 390 of the Cr.P.C. is called for. (V.R.KINGAONKAR,J.) Dt.28.07.2009. asp/office/Crapp1041.09