1 Appln 5164-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5164 OF 2010 Vinod Chamanlal Kapoor .Applicant V/s. Avtarsingh Chopra & anr. .Respondents Mr.Laxman P. Kanal, Advocate, for the Applicant Mrs.M.M.Deshmukh, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 6TH 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 the respndent No.1 ordered by the learned Metropolitan Magistrate, 30th Court, Kurla, Mumbai for the offence punishable under Section 138 of the Negotiable Instruments Act. The Complainant came up with the case that he had advanced a loan of Rs.4,00,000/- to the 2 Appln 5164-2010 accused out of which a sum of Rs.3,50,000/- was paid by the cheque and Rs.50,000/- in cash. The Complainant admitted in his cross examination that out of Rs.4,00,000/-, an amount of Rs.1,00,000/- was given to the accused in the year 2007. Thereafter, the Complainant stated having paid a sum of Rs. 3,00,000/- some of which was in cash and some by cheque. He further stated that he had given a sum of Rs.50,000/- in the month of May, 2006 in cash to the accused. This would disprove the Complainant's claim to have paid a sum of Rs.3,50,000/- by cheque. It cannot be said that view taken by the learned Metropolitan Magistrate was perverse or improbable. Leave refused. Appeal dismissed. 3. Criminal Application is disposed of. (R.C.CHAVAN, J.)