1 APPLN 4171 OF 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4171 OF 2010 M/s Sagar Enterprises .. Applicant. -versus M/s Varsha Enterprises and anr .. Respondents. Mr. V.V. Gangurde, for the applicant. Mr. Shekhar Ingawale, for respondent No.1. Mrs R.M. Gadhavi, APP for the State. CORAM: R.C. CHAVAN, J. DATED: 2nd December, 2011 P.C. 1. This is an application for leave to file appeal against judgment of the acquittal of the respondent for the offence punishable under Section 138 of the Negotiable Instrument Act. The cheques in question were dated 10th March, 2007 and 25th March, 2007. They were allegedly dishonoured on 21st May, 2007. The cheques were allegedly given according to complainant towards rent of two cranes, taken on hire by the respondent. The cranes were to be driven by the applicant’s driver and taken to the site at Osmanabad. The cranes left the applicant’s site at Thane on 23rd February, 2007 and reached Osmanabad on 27th February, 2007. It is the defence of the respondent that the cheques were given towards security for the rent. One of the partner Mr. Siraj 2 APPLN 4171 OF 2010 Jaria, examined on behalf of applicant stated in his cross examination in para 19 that it was not true that while giving cranes on hire, he took hire charges in advance. If that was so, there was absolutely no warrant for him to take the cheques dated 10.3.2007 and 25.3.2007 towards rent for two cranes. The complainant had also stated in para 20 of his deposition that running account bill is sent to the hirer after 15 days or after month. If the hirer fails to pay the running account bill within 15 days or after month, then legal action is taken. The evidence clearly shows that the cheques were taken by way of security for the hire charges and the amounts were not at all due when the cheques were issued. The view taken by the learned Magistrate cannot be faulted. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)