( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1581 OF 2008 Raosaheb Patwardhan Nagari Sahakari Pat Sanstha APPLICANT VERSUS The State of Maharashtra & another RESPONDENTS ..... Mr. Rahul R. Karpe, advocate for the applicant. Smt. R.D. Reddy, APP for the respondent No.1/State. None for the respondent No. 2. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 4th August, 2009] PER COURT : 1. Heard. 2. The applicant seeks leave to appeal against judgement of acquittal rendered in private complaint case bearing S.C.C. No. 1052/2007 for offence punishable under section 138 of the Negotiable Instruments Act. The learned Judicial Magistrate held that the cheque (Exh-17) dated 30-10-2006, issued by the respondent No. 2 was dishonoured. The learned Magistrate also held that the cheque was presented by the applicant/complainant within prescribed period of ( 2 ) limitation for encashment. 3. The acquittal has been rendered only on the ground that the amount shown in the cheque is of Rs. 84,000/- whereas the account of the applicant indicated that the amount due was of Rs. 72,108/-. It appears that the account of the respondent was not brought uptodate because the same was held as N.P. Account and, therefore, further entries regarding the interest on the amount were not recorded. The explanation appears tobe worth consideration on the face value. Consequently, leave to appeal is granted. The application is accordingly allowed. 4. Admit the appeal. 5. The appellant to furnish private paper book within eight weeks. Call for record and proceedings. [ V.R. KINGAONKAR ] JUDGE NPJ/CRIAPLN1581-08