1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.2189 of 2009 IN Criminal Appeal No. of 2009 M/s.Pushpak Auxichem Pvt.Ltd. .. .. Applicant v/s. State of Mah. & anr. .. .. Respondents Mr.K.S. Shukla i/by Mr.D.G. Kothari for Applicant. Mr.Sandeep C. Kekone for Res.No.2. Mrs.R.V. Newton, APP for State. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 13th November 2009 P.C. : 1.The complainant and the accused had a transaction for delivery of certain 3 barrels of phenol by the complainant to the accused upon the order placed by the accused, for which the cheque came to be given. The cheque was undated. The complainant must show the delivery of goods. No delivery challan of the signature of the accused is produced. 2.It is the complainant s case that two copies of delivery orders are issued to the purchasers. They were issued to the accused also. The accused have to give them to the warehouse and the warehouse supplies 2 the goods. The fact that the warehouse has supplied the goods to the accused is also not shown. One statement of the warehouse shows that certain goods were delivered on certain dates. The statement does not show that they were delivered to the accused. Consequently, the cheque given by the accused could not have been deposited and the consideration under the cheque is not shown. Hence, the order of the learned J.M.F.C., Kalyan, cannot be faulted. Leave to appeal refused. (SMT.ROSHAN DALVI, J.)