( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 820 OF 2010 S. Jagbirsingh @ Bablusingh s/o Harisingh Shahu APPLICANT VERSUS Khaja Mahinuddin s/o Abdul Rauf RESPONDENT .... Mr. G.P. Shinde, advocate for the applicant. Mr. Vijay Sharma, advocate for the respondent. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 1st September, 2010] PER COURT : 1. This is an application for permission to file appeal against judgement of acquittal. The respondent came to be acquitted in S.C.C. No. 1392/2007 vide the impugned judgement dated 19-11-2009 for offence punishable under section 138 of the Negotiable Instruments Act. 2. The applicant is original complainant. His case before the trial Court was that the respondent had issued cheque for Rs. 3,65,000/- in his favour in order to discharge the financial liability regarding repayment of the consideration amount paid by him in respect of the purchase transaction of land Gat No. 597, situated at village Ardhapur, ( 2 ) to one Hamid Miya s/o Sattar Miya. 3. Perusal of the record and proceedings would show that the sale-deed was executed by three (3) vendors including said Hamid Miya. The price amount shown under the sale-deed (Exh-27) is Rs. 2,61,000/-. The sale-deed does not show that the entire consideration amount of Rs. 2,61,000/- was paid only by the applicant (complainant). Secondly, assuming that such amount was paid by the applicant to said vendor, yet, it does not stand to reason why for repayment of such an amount of Rs. 2,61,000/-, cheque (Exh-27) for Rs. 3,65,000/- was issued by the respondent. The learned Magistrate duly considered the relevant circumstances and held that the applicants failed to prove that the cheque was issued in order to discharge financial liability which existed on the shoulder of the respondent at the relevant time. Considering the sufficient reasons ascribed by the learned Magistrate, leave to appeal is refused and the appeal be deemed as dismissed. [V.R. KINGAONKAR] JUDGE NPJ/criapln820-10 ( 3 )