IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.353 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 Sager Mahadev Bonde .. Applicant V/s. Vilas Baburao Pawar & Ors. .. Respondents Mr.Tushar Sonawane for the Applicant. Mr.S.K.Shinde for Respondent No.1. Mrs.M.H.Mhatre, AP.P.for the State. CORAM : A.R.JOSHI, J. DATED : APRIL 15TH, 2009. P.C. Heard the learned Advocate for the Applicant original complainant. Reportedly, the delay of six days caused in filing the leave application was already condone, that time original accused Respondent No.1 was present. Today, Advocate Shinde present for the Respondent No.1. He is heard. Present leave application is for filing the Appeal against the order of acquittal dated 18th September, 2008 passed by 5th J.M.F.C.,Nashik in the matter of 138 of Negotiable Instrument proceeding. 1 2. It appears that on technical grounds as to no authority for the payee of the cheque original complainant to lodge such complaint on behalf of Sagar Town Ship Co-Operative Housing Society, the original complaint was dismissed resulting in the acquittal of the accused. In the said impugned Judgment liability for payment under the cheque was held, however, on above technicality, case was dismissed. 3. Considering the above position, leave is granted. 4. Appeal is admitted. (A.R. JOSHI, J.) 2