1 cri.appln 5707-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5707 OF 2010 Shri Shreekant Waman Gupte ...Applicant VS. Shri Prakash Laxman Nanakshahi & Anr. ...Respondents Ms.Priyanka Ghule for the Applicant. Mr.D.M. Jadhav for Respondent No.1. Mrs.M.R. Tidake, APP for the State. CORAM : U.D. SALVI, J. DATED : APRIL 19, 2011 P.C :- 1 Heard. Perused the application, annexures therewith, the certified copy of the evidence of the complainant and the impugned judgment. 2 Acquittal of the accused in the present case under Section 138 of the Negotiable Instruments Act is the outcome of the failure of the complainant to show that he had advanced sum of Rs.40,000/- as a friendly loan for repayment of which the cheques were issued. The learned trial court took into consideration the evidence of the complainant, 2 cri.appln 5707-2010 particularly his cross-examination. Examination-in- chief of the complainant did not disclose that he had advanced Rs.40,000/- hand-loan to the accused and no reason could be given for such omission in his cross-examination. In the cross-examination, the complainant even volunteered and ventured to show that he had deposited the amounts advanced in small instalments from time to time in the bank and yet nothing was produced to evince the fact of deposits made. The learned trial court referred to the discrepancy in the evidence of the complainant and his witness Mandke to expose the myth of the complainant s hypothesis that the amount advanced was given to the accused from time to time by way of deposit in his bank. Acquittal of the accused cannot be faulted. 3 Leave is refused. Criminal Application No. 5707/2010 stands disposed of, accordingly. (U.D. SALVI, J.)