mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.___ OF 2010 CRIMINAL APPLICATION NO. 568 OF 2010 Rajeshkumar Dewanchand Mehra ...Applicant Vs. Shivram Nivruti Wathore & Anr. ...Respondents Mr. Rathore Sunil Kumar i/b. Mr. I.S. Thakur, Advocate for Applicant Smt. A.A. Mane, A.P.P for the State Ms. Rani S. for Respondent No.1 CORAM : SMT.ROSHAN DALVI, J. DATED : 2ND MAY, 2011 P.C. : 1. This is an application for leave to file appeal against the order of acquittal of the Respondent passed by the learned Magistrate upon the criminal prosecution under Section 138 of Negotiable Instrument Act, 1881 for dishonour of a cheque of Rs.5,50,000/-. The accused has been acquitted on the ground that there was no pending liability for which there could have been a legally enforceable debt, which the applicant could have enforced against the accused. 2. The parties have admitted the fact of certain previous transactions and previous litigation. The dishonoured cheque is stated to be given for loans and advances made from time to time by the Complainant to the Accused between December 2005 and May 2006. The Complainant claims that certain vouchers have been issued. In the earlier litigation the Accused had sought to prosecute the Complainant under Section 138 of the Negotiable Instrument Act under a dishonour of cheque. That litigation came to be compromised on 14th August 2006. The Complainant herein paid Rs.25,000/- which was the amount of the dishonoured cheque. Hence the Complainant herein paid the entire principal amount of the liability. 3. If the liability of the accused arose between December 2005 and May 2006 to the extent of Rs.5,50,000/- for which the accused issued a cheque dated 21st November 2006, the payment by the Complainant himself in between that period on 14th August 2006 cannot be explained. The Complainant would never be paid further amount of Rs.25,000/- after the large amount of Rs.5,50,000/- was due and payable. Hence the acquittal is proper. Leave to appeal is refused. (SMT.ROSHAN DALVI, J.)