1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No.243 of 2010 [Ishwar K. Ragit Vs. Triputi Shankar Gajnagwar] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. R.S. Nagpure, Adv., for the applicant. ----- CORAM : A.H. JOSHI, J. DATE : 15th June, 2010. 1. Heard learned Adv., for the appellant. 2. This is an appeal against acquittal. 3. Appellant is a seller of agricultural aids. He claims to have sold pesticides and seeds to the accused, for which, according to him, the accused has issued the cheque – subject-matter. As the cheque was dishonoured, the appellant had filed the Criminal Complaint Case under Section 138 of the Negotiable Instruments Act. 4. After appreciating the evidence, learned Trial Judge held that the complainant's plea that the cheque – subject-matter was given towards existing liability for payment of bills was unbelievable. 5. The reason assigned by the learned 2 Judge is that it was impossible that a small former having agricultural land of four acres would purchase a huge quantity of pesticides, namely six bottles of Endosulfan, each of five liters, six bottles of Quinalphos, each of four liters and nine bags of cotton seeds. 6. The reasoning given by the learned Magistrate in para 5 to above effect and other reasoning in remaining paras, though criticized as based on hypothesis, is rather most reasonable and plausible. 7. In the circumstances, appeal does not call for interference, and is dismissed. Judge |Hedau|