IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL APPLICATION NO. 3908 OF 2008 Saifuddin Enayat Hussain Shahadwal .. Applicant Versus The State of Maharashtra and others .. Respondents Ms. Pravin D. Patel, for the Applicant Ms. Pushpa Goswami, for the Respondent No.2, Mr. Y. M. Nakhawa, AGP for State CORAM: MRS. MRIDULA BHATKAR, J. DATED: 8th April, 2009 P. C. 1. The Applicant preferred this application for leave to appeal against the order dated 13. 8.2008 passed by the Metropolitan Magistrate, Mazgaon Mumbai acquitting the accused i.e. present Respondent No.2 for the offence punishable under Section 420 read with Section 120(B) of Indian Penal Code. 2. Learned counsel for the applicant submits that the accused No.2, against whom the case was abated due to his death was the landlord of the Shop situated at Ground floor, Hassam Building, 107 Mohd. Ali Road, 208, Sherif Devaji, Chakala Street, has transferred rent receipt of the Complainant to the name of accused No.1 who is wife of the complainant/applicant. He has submitted that this heating was done by the Accused no.2 in connivance with late Accused no.1 causing wrongful loss to the applicant and wrongful gain to the Accused/Respondent no.2. He submits that the learned Trial judge has failed to appreciate the transfer of the rent receipt in the name of the accused and has taken erroneous view in acquitting the respondent no.1. 3. I have gone through the application. Perused Judgement dated 13.8.2008 and the evidence of the complainant. 4. To prove the fact of cheating, it is necessary for the complainant/Applicant to prove dishonesty. The learned Trial Judge, while appreciating the evidence has properly dealt with this aspect of inordinate delay and failure to prove the ingredients of cheating. 5. The submission of the learned counsel for the applicant is that grave injustice will be caused to the applicant, if the leave to appeal is not granted, cannot be accepted. No good ground is made to grant the leave. In the result, leave rejected. ( MRIDULA BHATKAR, J.) jpc/-