1 Appln 490-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.490 OF 2011 Yogish Shekar Shetty .Applicant V/s. Vilas Tukaram Satav & anr. .Respondents Mr.S.R.Ganbavale, Advocate, for the Applicant Mr.K.M.Irani i/b. Mr.S.S.Kocharekar, Advocate, for Respondent No.1 Mr.Rajesh More, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 5TH AUGUST, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for leave to file an Appeal against acquittal of respondent No.1 ordered by the learned Judicial Magistrate F. C.,(Motor Vehicle) Court, Pune for the offence punishable under Section 138 of the Negotiable Instruments Act. A cheque for Rs.3,50,000/-dated 13th April, 2 Appln 490-2011 2009 was issued in favour of the complainant got dishonoured. The complainant had taken premises of the accused on leave and license basis and a sum of Rs.500,000/- was stated to have been paid as deposit. The Agreement was terminated on 17th January, 2009 and this is why the complainant claims to have received a cheque of Rs.3,50,000/- towards refund of the amount out of that deposit. There is no dispute that Rs.1,50,000/- was already received by the complainant's partner. There was allegation of further payment of Rs. 1,00,000/- which according to the complainant, was not received by the complainant but by one Dayanand Shetty. In addition to that according to the accused, the complainant was liable to pay license fees at the rate of Rs. 40,000/- per month of four months till the agreement was terminated. It is the complainant's case that since the accused took over that business, the complainant was not liable to pay this sum of Rs.1,60,000/- and 3 Appln 490-2011 therefore, liability of the accused was Rs. 3,50,000/- when cheque was issued. This is obviously not correct. There is no question of the complainant's escaping liability to pay license fees for four months before the termination of agreement. View taken by the learned Magistrate cannot be said to be perverse or improbable. Leave refused. Appeal dismissed. 3. Criminal Application stands disposed of. (R.C.CHAVAN, J.)