sns IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2191 OF 2010 Santogen Textiles Mills Ltd. ..Applicant. v/s. M/s Puneet Syntex Pvt. LTd. and Ors. ..Respondents. Mrs. Shrivastava i/by M/s. Consulta Juris, adv. for the Applicant. Mr. Sunil Singh, adv. for the respondent nos.1 to 5. Smt. G.P.Mulekar, APP for the R.No.6. CORAM : J.H.BHATIA, J. DATE : 29th September, 2011 PC : 1 Heard. 2 This application is filed by the original complainant seeking leave to prefer appeal against the acquittal for the offence under Section 138 of the Negotiable Instruments Act. 3 To state in brief, there was an agreement between the complainant/company and the respondent no.1/company whereby the complainant was to make certain payments of excise duty and process charges on behalf of the respondent and respondent was required to re- imburse the complainant for the same. Cheque dated 6.10.2005 for an amount of Rs.91,000/- was issued by the accused no.1/company was presented and returned with remarks that payment was stopped. According to the accused, the post dated cheque was issued for the reimbursement of sns the amounts, which would become due in future and it was blank cheque. It is also pointed out that on 10.8.2005, the accused had addressed a letter to the complainant seeking details of the excise duty and the process charges paid by the complainant on behalf of the accused. That letter was received by the complainant but was not responded. As the complainant failed to supply the details of the dues, the accused instructed the bank to stop the payment of the said cheque. 4 The learned trial Court in view of the given circumstances came to conclusion that there was dispute about amount, which was due and in spite of request made by the accused to the complainant on 10.8.2005, the complainant had failed to supply information and account of the excise duty and process charges. Thereafter, on 6.10.2005, the post dated cheque was presented and was dishonoured. According to the trial Court, the complainant had failed to establish that there was legally enforceable liability for which the said post-dated cheque was issued. In view of the facts and circumstances noted above, it appears that post-dated cheque was issued not in respect of existing liability but the liability, which could be incurred in future and as there was dispute about the amount due from the accused, the accused had stopped the payment. The statement of accounts of the accused clearly shows that there was sufficient amount in its account and the cheque was not dishonoured for want of funds. In view sns of the facts and circumstances, I find no reason to disagree with the trial Court. 5 Therefore, leave to prefer appeal against the acquittal refused and the application stands rejected. (J.H.BHATIA, J.)