1 Appln 1395-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1395 OF 2010 Sulphur Mills Ltd. .Applicant V/s. Balasaheb Maruti Sathe & anr. .Respondents Mr.B.G.Vaidya, Advocate, for the Applicant Mr.Ajay Joshi, Advocate, for Respondent No.1 Mrs.M.M.Deshmukh, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 1ST JULY, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for leave to file an appeal against acquittal of respondent No.1 ordered by the learned Judicial Magistrate F.C., Vashi, Navi Mumbai. The learned Magistrate held that the Complainant himself during the examination-in-chief admitted that he had not received any purchase order from the accused. He has no documentary 2 Appln 1395-2010 evidence to show that accused was appointed as dealer/distributor. There was variation in the amount of cheque and invoice amount. Till date, the Complainant had not refunded security deposit amount to the accused which he had taken from the accused. As if this was not enough, the Complainant also admitted that some cheques were received by the Complainant as security for repayment and not for repayment of amount due. In view of this, view taken by the learned Magistrate that cheque in question was not issued for legally enforceable liability or debt cannot be faulted. Leave refused. Appeal dismissed. 3. Criminal Application is disposed of. (R.C.CHAVAN, J.)