1.The complainant seeks leave to appeal against acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881.

2. The complainant is a private limited Company. The complaint was filed for dishonour of five postdated cheques. The cheques deposited by the complainant with Central Bank of India were returned dishonoured and a notice dated 10/10/2008 when sent to the accused was not complied with.

3. The complaint was signed by one Jose Francisco Gomes as authorised representative of the complainant but what was placed on record at the time of filing the complaint was a letter of authority dated 27/ 07/2007 purported to be signed by the Director of the complainant authorising the said Jose Francisco Gomes to give the statement in a criminal case filed against Shiraz Shaikh.

4. The accused came to be acquitted by judgment dated 16/04/2010 by the learned JMFC by stating that the complainant had not placed on record any authority letter authorising the said Jose Francisco Gomes to file the complaint as the authority letter produced on record was given to Jose Francisco Gomes to give the statement against one Shiraz Shaikh and not against the accused Reeves Mia.