1 Cri.Appln.No.3144/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3144 OF 2010 Shaikh Khadir s/o Shaikh Babamiya ... APPLICANT VERSUS Arun s/o Uttamrao Kulkarni ... RESPONDENT ..... Shri S.C. Naikwade, Advocate for the applicant Shri A.R. Gaikwad, Advocate holding for Shri S.S. Thombre, Advocate for respondent ..... CORAM : U.D. SALVI, J. DATED : 24th August, 2011. PER COURT : 1. Heard. Perused the application. Leave to present the appeal against the judgment and order of acquittal, dated 14.5.2010, passed by Jt. Civil Judge, Senior Division & Judicial Magistrate, First Class, Beed in S.C.C. No.839/2009, acquitting the accused under Section 138 of the Negotiable Instruments Act is sought by the applicant. 2 Cri.Appln.No.3144/2010 2. Perusal of the record reveals that the learned trial Court could read from the evidence emergence of the probable defence inasmuch as return of the cheques in question to the accused on satisfaction of the debt and misuse of one of the cheques therein by the appellant/ complainant for the purposes of prosecution under Section 138 of the Negotiable Instruments Act. These facts would be gathered from the cross-examination of the complainant, who candidly admitted that the cheques in question were returned to the accused which were obtained by him as a security for repayment of the amount lent, and the said cheques were returned as the amounts were repaid. This obviously shows that, there was no existing legally enforceable debt due from the accused in reference to the cheques in question. The learned trial Court, therefore, rightly acquitted the accused. Leave is, therefore, refused. Criminal Application is rejected. ( U.D. SALVI, J. ) fmp/cri3144.10