:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1547 OF 2007 M/s. Cheminova India Ltd. ..Applicant. Vs. Fakruddin Gulam Rasul Shaikh and ors. ..Respondents. Mr.Subodh Desai i/by N.K.S. Das and N.S.Das for the Applicant. Mr. D.J.Shanbhag for the Respondent No.1. Mrs. R.M.Gadhavi,APP. for the State. CORAM: R.S. MOHITE, J. DATE : 12th August, 2008 PC : 1. Heard both sides. 2. This is an application for leave to file appeal. On perusal of the impugned judgment and order, I find that the same is passed on cogent and acceptable reasons.The evidence indicates that the cheque was issued blank. The defence evidence of the Sales Representative of the company has been led to prove the acceptance of the cheque in blank. The figure was filled in by the complainant. If this being the position, there can be no presumption as regards the consideration.The liability has to be proved by the complainant who has filled the figure himself. My attention was drawn to the statement of account C-14. On perusal of the said statement of account, I find that the same is not maintained upto date. The accounts are only till March, :2: 2002. The cheque was issued in Sept.2003.The amount shown as balance in the statement is different that the amount of cheque. Not as fit case to grant leave. Hence, leave refused. Consequently the appeal papers to be filed. (R.S. MOHITE, J.)