1 cri appln 1174.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1174 OF 2010 Ramesh S/o Zumberlal Kaswa .. Applicant Versus Gokuldas S/o Dhanraj Pitale .. Respondent Shri A. M. Gholap, Advocate for the Applicant. Shri N. B. Narwade, Advocate for the Respondent. CORAM : S. S. SHINDE, J. DATE : 31ST JANUARY, 2011. PER COURT : . Heard learned counsel appearing for the applicant and learned counsel appearing for the respondent. The learned counsel for the applicant submitted that, the Trial Court has not considered the submissions of original complainant who is applicant herein that, the respondent even did not step into witness box and has not discharged the burden upon him U/Sec. 139 of the Negotiable Instruments Act. Therefore, counsel would submit that, this matter requires consideration. 2 cri appln 1174.10 2. The learned counsel appearing for the respondent vehemently opposed the application. The learned counsel for the respondent invited my attention to para 11 and 14 of the impugned judgment and order and submitted that, complainant could not prove the documents which were brought on record. There was some scoring on the said documents and some words were inserted. The complainant could not prove the said documents. Therefore, the Trial Court is correct in rejecting the complaint filed by the applicant herein. The counsel for the respondent would submit that, this application deserves to be rejected. 3. After hearing the learned counsel for the applicant and learned counsel for the respondent and upon perusal of the impugned judgment and also the record and proceedings, I am of the opinion that, it was incumbent upon respondent to discharge the burden U/Sec. 139 of the Negotiable Instruments Act. The complainant did produce on record the copy of the agreement and also notice was issued to the respondent and also the cheque was placed on record which was signed by the respondent. In that case, the Trial Court should have summoned the respondent for stepping into witness box to discharge his burden U/Sec. 139 of the Negotiable Instruments Act. Prima facie I find substance in 3 cri appln 1174.10 the submissions of learned counsel for the applicant. Hence the application seeking leave to file appeal against the order dated 21.12.2009 in S.T.C. No. 7370/2006 is allowed. The application stands disposed of. The Registry is directed to register this application as appeal. [S. S. SHINDE, J.] bsb/Jan. 11