1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Cr. Appln. No. 2795/2007 Mah. State Co-op. Marketing Federation Ltd. Vs. Narendra Singh Thakur Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : A.P. LAVANDE, J. DATED : 25/2/2008. Heard Mr. Moharir, learned counsel for the applicant and Mr. Darda, learned counsel for the respondent. By this application under Section 378(4) of the Code of Criminal Procedure, the applicant who is the original complainant in Criminal Case No. 1685/2005 before the Judicial Magistrate First class, Buldana seeks special leave to appeal against judgment and order of acquittal dated 10.7.2007 passed by the learned Sessions Judge. The respondent has been acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act. The applicant filed the above case on the ground that the respondent had issued cheque dated 2 11.7.2005 for Rs. 2,00,000/- being the amount due to the applicant towards purchase of fertilizers and insecticides effected by the respondent and the said cheque was dishonoured. The trial Court, upon appreciation of the evidence, held that the applicant did not establish that as on the date of cheque the amount of Rs. 2,00,000/- was due to the applicant but only an amount of Rs. 64,638/- was due to the applicant. Having perused the record and having considered the submissions made by learned counsel for the parties, I am satisfied that the findings recorded by the trial Court cannot be said to be perverse warranting interference in appeal against acquittal. The view taken by the trial Court is a possible view and therefore, no interference is called for in this application against the acquittal. Hence, the application is dismissed. JUDGE MLA