IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPEAL NO. 92 OF 2009 THE BHANDARI CO-OPERATIVE CREDIT SOCIETY LTD THROUGH MANAGER ... Appellant Versus MR. SIDNEY C. PEREIRA AND ANR., ... Respondents Shri J. Godinho, Advocate for the Appellant. Shri Joseph Vaz, Advocate for the Respondents. Coram:- N. A. BRITTO, J. Date:- 31st August, 2010 P.C.:- Heard. This is Complainant's appeal and is directed against Judgment dated 29-6-2009, acquitting the accused under Section 138 of the Negotiable Instruments Act, 1881. There is no dispute that the accused had taken a loan from the Complainant in the sum of Rs.1,50,000/- in the year 2003, and at that time, the accused had given to the Complainant a cheque duly signed. The Complainant completed the cheque on 18-7-2006 by putting the said date and for an amount of Rs.40,000/-. The Complainant produced the statement of account and the same is at Exh.29-C. The said statement shows that as on 31-7-2006 the accused owned the Complainant a sum of Rs.39,585/-. In other words, the Complainant did not have authority to complete the cheque and put an amount which was more than due to the Complainant. In a number of decisions rendered by this Court, it has been held that when a cheque is for an amount which is more than due to the Complainant, no prosecution under Section 138 can lie.(See Laxmikant D. Naik Karmali v. Santosh V. Naik(2006(2) DCR(Cri) 830). In view of the above, this appeal deserves to be dismissed. The bonds executed by the accused, if any, shall stand cancelled. N. A. BRITTO, J. RD.