IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.170 OF 2007 IN CRIMINAL APPEAL NO. OF 2007 M/s.Agarwal Enterprises )..Applicants Versus Smt.Smita V.Chattur & Ors. )..Respondents ---- Mr.R.V.Govilkar i/by Milind More for the applicants. Mr.Sagar Kadam & M.K.Kulkarni for respondent no.1. Mrs.R.M.Gadhavi APP for the respondent/State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 13.08.2008. PC 1. Heard both sides. This is an application for leave to appeal. After perusing the appellate Court’s judgment, I find that the acquittal is based on cogent and acceptable reasons. The finding of the appellate Court is that on the date when the memo of dishonour was issued i.e. on 1.12.1998 there was sufficient money in the account of the accused as the accused had an overdraft facility of Rs.5,00,000/-. The Court has concluded that the account was drawn only for Rs.3,68,000/- and therefore, cheque of Rs.1,00,000/- could have been issued by the accused. On the basis of the evidence of the bank officer, the Court has concluded that : 2 : the dis-honour for the reasons "exceeded arrangement" was incorrect. It has also noticed that two days after dis-honour amount of Rs.2,00,395/- was transferred to the Stock Exchange Branch from the said account of the accused which indicated that the accused had monies in his account. The bank officer also stated that the cheque was not encashed on direction of the Complainant. Advocate for the applicant wants me to read this as meaning that it was not honoured because of instructions given by the accused. If this was indeed the case then the bank memo have shown a different reason for dishonour. In my view, this is not a fit case to interfere in an appeal against acquittal. I am informed that on the same day, another cheque of Rs.4,00,000/- was issued. It is made clear that observations made in this case regarding the cheque of Rs.1,00,000/- will not affect the pending appeal against the conviction as regards any other cheque and that case will be decided on its own merits. In the circumstances, leave refused. Consequently, appeal papers to be filed. Application stands disposed off. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)