1 appln 16 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.16 OF 2011 Annasaheb R Patil .. Applicant -versus M/s Shubham Agro Exports Ltd and anr .. Respondents. Mr. Manohar H. Ramsinghani, for the Applicant. Mrs. P. H. Kantharia, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 17th June, 2011 P.C. 1. This is an application for leave to file appeal against judgment of the acquittal, for the offence punishable under Section 138 of the Negotiable Instrument Act, rendered by the learned Judicial Magistrate First Class, Tasgaon, District: Sangli, holding that the complainant was entitled to recover a sum of Rs.6,40,000/- from the respondent. Two cheques of Rs. 5,00,000/- and Rs.5,93,800/- were issued. Cheque No.012501 dated 4.11.2008 was for Rs.5,93,800/- and on 28.04.2008 subsequent cheque No.012520 for Rs.5,00,000/- was issued. The learned Magistrate, therefore, held that the first cheque No.12501 (which was of a later date) was towards security for supply of grapes. Cheque No.012520 which had been realized was issued earlier was towards payment due from accused. He disbelieved the evidence of two witnesses of complainant 2 appln 16 of 2011 that the cheque which has been realized was in fact towards supply of grapes by them to respondent and it was issued in the name of complainant as these witnesses were not having account in bank. The conclusions drawn by the learned Magistrate require thorough examination. Hence leave granted. 2. Admit. Call for record and proceeding. Action under Section 390 of Criminal Procedure Code. (R. C. CHAVAN, J.)