1 Appln 3051-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3051 OF 2010 M/s.T.A.Shah Group of Companies .Applicant V/s. The State of Maharashtra & ors .Respondents Mr.Ramesh Pandey, Advocate, for the Applicant Mrs.A.S.Pai, APP, for Respondent No.1 - State CORAM : R.C.CHAVAN, J. DATE : 1ST JULY, 2011 P.C. . Heard the learned Counsel for the respective parties. This is an application for leave to file an Appeal against acquittal of the respondent Nos.2 to 4 for the offence punishable under Section 138 of the Negotiable Instruments Act ordered by the learned Metropolitan Magistrate, 10th Court, Andheri. The Complainant had examined himself and had stated in para 3 of his cross examination that he paid a sum of Rs.7,00,000/- to the accused for financing production of film as well as for its distribution rights. He could not 2 Appln 3051-2010 clarify as to how much amount out of this Rs. 7,00,000/- was towards finance and how much was towards film distribution rights. Two cheques, one for Rs.200,000/- and another for Rs.500,000/-duly signed by the respondents in the name of the applicant were given by the respondents which have been dishonoured. To a naked eye, it appears that the amount in the cheque is filled up in the different hand writing. The admission of the Complainant that he does not know how much of the amount was towards finance or how much was towards film distribution rights was enough for the learned Magistrate to hold that there was no legally enforceable liability or debt which was to be covered by the two cheques. View taken by the learned Magistrate cannot be faulted. Leave refused. Application dismissed. (R.C.CHAVAN, J.)