1 Appln 5766-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5766 OF 2010 Sunil Ankush Dabholkar .Applicant V/s. Ramesh Krishna Chile & anr. .Respondents Mr.Bhagwat Phad, Advocate, for the Applicant Mr.S.A.Shaikh, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 6TH JULY, 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 Additional Chief Judicial Magistrate, Pune for the offence punishable under Section 138 of the Negotiable Instruments Act. The cheque which was dishonoured bearing No.110593 dated 20th November, 2009 was issued towards the 2 Appln 5766-2010 repayment of a loan of Rs.1,32,000/- according to the Complainant. But the promissory note under which this loan was advanced itself categorically recites that the cheque was taken towards security. The promissory note does not state that if the borrower failed to pay the money, the Complainant was to present the cheque. It states that if the borrower failed to repay the loan, the Complainant would be at liberty to take legal action against the applicant. In view of this, view taken by the learned Chief Judicial Magistrate cannot be faulted. Leave refused. Appeal dismissed. 3. Criminal Application is disposed of. (R.C.CHAVAN, J.)