1 APPLN.2023-2010 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2023 OF 2010 Mrs. Manjula Ramesh Gujaria ..Applicant Vs. Mr. Pravin Punaji Gohil & Anr. ...Respondent. ---- Mr. R.R. Sonawane, for the Applicant. Mr. S. Sayeed, for Respondent No.1. Mrs. A.A. Mane,, APP for the State. ---- CORAM: U. D. SALVI, J. APRIL 13, 2011. P.C.:- Heard. Perused the application and the annexures thereto. 2 The learned trial court rightly acquitted the accused for the reason that the complainant had failed to prove lending of loan of Rs.10.00 Lacs to the accused. There being legally recoverable debt, the offence under Section 138 of Negotiable Instruments Act was not made out. The complainant died before he could lead the evidence in the present case. His wife was examined and she disclosed that the complainant was serving in the Municipal Corporation as a sweeper on a monthly salary of Rs.3000/- to Rs.3500/- and had meagre savings after spending about Rs.2700/- p.m. for house-hold expenses. She deposed that her husband has no other source 2 APPLN.2023-2010 of income. The documents supporting the claim of giving such huge loan of Rs.10.00 Lacs were not produced before the trial court, and the plea was raised that the said documents were lost due to rains. 3 Leave is, therefore, refused. Criminal Application No.2023 of 2010 stands disposed off accordingly. (U. D. SALVI,J.)