1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1069 OF 2011 Ballal Mahadev Chandrachud .Applicant V/s. C.S.Pardeshi & anr. .Respondents Ms Radhika Vanchiswaran with Mr.S.R.Page, Advocate, for the Applicant Smt.S.V.Sonawane, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 9TH DECEMBER, 2011 P.C. . Heard the learned counsel for the respective parties. This is an application for leave to file an appeal against acquittal of respondent No.1 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 by the learned Judicial Magistrate F. C., Sinnar, District Nashik holding that the Complainant had failed to prove legally enforceable liability. The learned Magistrate seems to have expected the applicant to produce 2 delivery challans to show that goods had been delivered against which a cheque in question was issued. He also held that in the notice of demand the date of cheque was mentioned as 15th April, 2007 when the cheque was, in fact, issued on 18th April, 2007. The number and amount of the cheque are correctly mentioned. The learned counsel for the applicant has relied on number of Judgments which it may not be necessary to refer to at this stage. Since the question as to whether the applicant was really required to establish delivery of goods for seeking enforceable liability under the cheque issued, as also whether the error in date of cheque was so material as to result in acquittal of the respondent requires consideration. Leave granted. Admit. Call for R & P. Action under Section 390. (R.C.CHAVAN, J.)