IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3385 OF 2007 CRIMINAL APPLICATION NO. 3385 OF 2007 CRIMINAL APPLICATION NO. 3385 OF 2007 Shri Jinpal A. Pomaje .... Applicant versus Shri Vanikant B. Barwade & ors...... Respondent. Shri P.S.Dani i/b P.M.Arjunwadkar for the applicant. Shri Y.S.Shinde APP for State. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. DATED; 27TH FEBRUARY, 2008 DATED; 27TH FEBRUARY, 2008 DATED; 27TH FEBRUARY, 2008 P.C.; P.C.; P.C.; 1. The present applicant is the original complainant who filed a complaint under section 138 of the Negotiable Instrument Act against the respondent/accused on dishonour of a cheque after issuing the notice. The case of the respondent was that there was yet another transaction between the son of the present applicant and the father of the accused for which he had issued a cheque for Rs.2 lakhs by way of security. In the cross examination of complainant, it has been brought on record that there was a transaction of sale of land between the complainant’s son and the father of the accused. The other relevant material which was brought on record goes to corroborate the defence of the accused. The trial court has also placed reliance on an admission/averment made in the application filed under Order 38 Rule 5 for attachment of the property wherein it is categorically stated that the cheque in question was issued by way of security. Immediately after the cross examination of the complainant, an application was moved in the Civil Court and the said statement/admission was sought to be amended. The amendment application at a later point of time would not nullify the earlier statement so far as the criminal case is concerned. Taking into consideration, the probable circumstances, a possible view has been taken by the trial court and the accused has been acquitted. Having regard to the totality of the facts and circumstances, I do not think that there is any substance in the present application for seeking leave to file an appeal against the order of acquittal. In the result the application stands rejected. ...