1 Appln 4476-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4476 OF 2010 Nafisa Hatim Mohamedbhai .Applicant V/s. The State of Maharashtra & ors .Respondents Ms Mallika Ingale, Advocate, for the Applicant Mrs.P.P.Bhosale, APP, for Respondent No.1  State Mrs.Rohini Wagh, Advocate, for the Respondent Nos.2 to 4 CORAM : R.C.CHAVAN, J. DATE : 13TH JUNE, 2011 P.C. . Heard the learned Counsel for the respective parties. This is an application for leave to file an Appeal against acquittal of the respondent Nos.2 to 4 for the offence punishable under Section 138 of the Negotiable Instruments Act rendered by the learned Metropolitan Magistrate, Small Causes Court, Mumbai. The learned Counsel for the applicant states that there is no dispute about issuance of a cheque each by the respondent Nos.2 to 4 as also the fact that the cheques were dishonoured but the learned Counsel for the 2 Appln 4476-2010 respondent Nos.2 to 4 points out that during the pendency of the case on 20th December, 2004, the applicant wrote a letter to the respondents stating that a sum of Rs. 4,20,000/- was received in full and final payment and the Criminal complaint would be withdrawn. It was also stated by the said letter that there would be no claims whatsoever against the respondents and the drawer of the above said bills of exchange. In face of this, the complaint should have been withdrawn. It was done merely because there was also an understanding that if the financial condition of the respondents would improve, the respondents would pay the balance. In view of this, it cannot be said that the learned Magistrate erred in acquitting the respondents in these circumstances. Leave refused. Appeal is dismissed. (R.C.CHAVAN, J.) 3 Appln 4476-2010