1 HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR . Criminal Application No. 3133 of 2009 Vinod Pandurang Mahore VS. Raju @ Rajiv s/o Haridas Hedau and another ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. P.D.Meghe, Advocate for appellant, Mr. R.R.Dawda, Advocate for respondents. Coram : A.H. JOSHI, J. Date : 25th March, 2010. 1. This appeal is against acquittal. 2. The learned trial Judge has convicted the accused in the case under Section 138 of the Negotiable Instruments Act. In the appeal by the accused, the learned Sessions Judge held in favour of accused, allowed the appeal and acquitted the accused. 3. The learned Sessions Judge found that the transaction and liability thereunder was not admitted by the accused. It was the duty of the complainant to prove the transaction in the form of open and current account and prove the dues on account. 4. The learned Sessions Judge has 2 specifically recorded a finding that supporting documents to prove the currency of transaction and outstanding dues has not been proved by the complainant. 5. Failure of the complainant to prove existence of civil liability is adequate ground for allowing the appeal. This has been followed by the learned Sessions Judge. 6. This Court subscribes and endorses the reasons adopted and recorded by learned Sessions Judge. 7. In the background of this fact, no interference is warranted. Hence, the application is dismissed. Judge |adgokar|