IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 374 OF 2008 Dineshkumar Ramavtar Sharma..... ...... Applicant. V/s Uday Shahajirao Deshmukh & Anr....... ...... Respondents. Mr.R.B.Deshmukh, Adv. For the Applicant. Mr.Y.M.Nakhwa, APP For the State. CORAM: A.P.DESHPANDE, J. 13/2/08 PC: This is an application seeking special leave to file an appeal against the order by the trial Court acquitting the accused for the offence punishable under section 138 of Negotiable Instruments Act. According to the complainant he had advanced hand loan of Rs.60,000/- to the accused after he was discharged from the hospital and the said amount was to be repaid by the accused as assured by him within a period of 2/3 months. The complainant was hospitalized for about three months sometime during November, 1997. The cheque in question is dated 7.1.99. Based on these facts the trial Court has scrutinized the evidence as to whether was there existing legally recoverable debt due and payable by the accused to the complainant. The trial Court has found that the subject matter of this complaint is not the only financial transaction but there are other dealings also. Cheque in 1 question is bearing No.8845 whereas the cheque of immediate next number 8846 is also issued by the accused in favour of the complainant for the sum of Rs.5000/- and the same came to be honoured. Having regard to other dealings between the parties the trial Court has held that the complainant has failed to establish that the amount covered by the cheque was towards legally recoverable debt. The trial Court has found favour with the defence raised by the accused that the cheque was handed over by way of security and thus acquitted the accused. Perused the judgment. Same does not call for interference. Hence application for leave to appeal stands rejected. 13.2.08 2