1 (6) Appln 3072 & 3073/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Amk CRIMINAL APPLICATION NO. 3072 OF 2010 WITH CRIMINAL APPLICATION NO. 3073 OF 2010 Celine Lawrence .. Applicant Vs. The State of Maharashtra & Anr. .. Respondents Mr. Douglas Lopez for the Applicant. Mr. P. C. Kansara for Respondent No.2. Mrs. A. A. Mane, APP for the Respondent State. CORAM : MRS. ROSHAN DALVI, J. Date : 3rd May, 2011. P.C. 1. The order of acquittal of Respondent No.2 has been challenged in this Appeal for which leave is sought. The acquittal in a criminal prosecution under Section 138 of the Negotiable Instruments Act. 2. The case of the Complainant is that Rs.3 lacs loan was granted to Respondent No.2 for which a cheque came to be issued. The date of loan is not stated. The cheque is dated 23.03.2008. The complaint as well as the evidence show that the loan was granted one year prior to the issue of the cheque. 3. The defence of the accused that there was prior transaction between the accused is not disputed. That was a transaction of 1995. It is the defence of Defendant that a cheque was given as a security of that 2 (6) Appln 3072 & 3073/10 transaction. The amount of the transaction was repaid but the cheque was not returned and was misused. The cheque is shown to be having printed date “19”. Such a cheque could not have been issued in 2008 or thereabouts. Hence the cheque is not shown to be issued towards the specific loan which is stated to be granted and hence the issue of the cheque towards legally enforceable debt is not shown. The reasoning of the Judge in the impugned order is, therefore, cannot be faulted. Leave to Appeal is refused. (ROSHAN DALVI, J.)