1 APPLN-G-911.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPLICATION NO.911 OF 2011 WITH CRIMINAL APPLICATION NO.910 OF 2011 Laxmi Auto Services Private Limited .... Applicant Vs. Satish Ravindra Lavate & Anr. .... Respondents Shri Sachin U. Dhakephalkar for the Applicant. Smt. V.R. Bhosale, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: NOVEMBER 30, 2011 P.C: 1. These are applications for leave to file appeal against acquittal of the respondent ordered by the learned Judicial Magistrate, First Class, Solapur of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 2. The question before the Court was about dishonour of cheques for Rs.89,445/- and Rs.7,593/- which were issued towards the balance price for a Tata vehicle purchased by 2 APPLN-G-911.11 the respondent. A sum of Rs.4,33,000/- seems to have been paid for by a Co-operative Bank which had possibly advanced that amount to the respondent for purchase of the vehicle. It does not seem to have been the defence of the respondent that there was some payment of Rs. 60,000/- already made to the applicant which remained to be adjusted. However, the learned Magistrate seems to have examined the accounts and found that a sum of Rs.60,000/-, which had been received by the complainant, had not been refunded to the accused and if the amount was refunded through cheque, this would have been reflected in the ledger. The learned counsel for the applicant points out that the ledger does reflect not only receipt of this cheque for Rs.60,000/- sometime on 17-3-2003 but also reflects that this cheque was, according to the learned counsel, returned on 26-9-2003. He submits that though the ledger shows the word "Cash", in fact, it was a cheque which had been returned. No separate cheque was issued in the name of the accused. The learned counsel points out that the ledger consistently refers to cheques by using the word "Cash" for payments made and Receipt for amounts received. He points out that even in respect of the cheques dishonoured, entries dated 24-10-2003 and 3 APPLN-G-911.11 30-11-2003 would show Cash against the dishonoured cheques in the same ledger. This would require a reconsideration. Leave granted. Appeals admitted. Call for the R & P.. Action under Section 390 of Cr.P.C. to follow. 3. The applications accordingly stand disposed of. (R.C. CHAVAN, J.)