1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1612 OF 2008 Kishor Namdeorao Kachi ..Applicant V/s. Ankush Baburao Chougule-Sawant & anr ..Respondents Mr.Girish Godbole with Mr.Satyajeet Mirajkar, Advocate, for applicant Mr.Y.M.Nakhawa, A.P.P, for the State CORAM : K.U.CHANDIWAL, J. DATE : 4TH AUGUST, 2008 P.C. . Heard. 2. The complainant claimed that he has paid Rs.1,50,000/- by cheque No.021483 on 23rd October, 1999, Rs.60,000/- by cheque No.022505 dated 30th May, 2001, Rs.40,000/- by cheque No.022526 dated 8th March, 2002 and cash of Rs.2,50,000/- on 23rd October, 1999. The transaction was a hand loan. According to him, for the purpose of repayment of the said amount the accused had drawn the following three cheques in favour of the complainant. 2 --------------------------------------------------- SR.NO. CHEQUE NO. AMOUNT DATE --------------------------------------------------- 1. 968886 1,00,000/- 08/08/2005 2. 549099 1,50,000/- 25/08/2005 3. 549098 1,50,000/- 05/09/2005 --------------------------------------------------- 3. After reading the evidence from both the sides the learned Judicial Magistrate First Class found that the cheques for which the complaint is lodged were obviously for a debt which was time barred and there was no legally enforceable liability. On perusal of entire record, the learned counsel could not point out any connecting documents to save limitation as required under the law. In this scenario the findings recorded by the Judicial Magistrate First Class, Pune on 28th February, 2008, cannot be said to be erroneous findings. Hence, application for leave to appeal is rejected. (K.U.CHANDIWAL, J.) 3