1 appln 423 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.423 OF 2010 Shivaji Jadhav .. Applicant. -versus Laxman S Jadhav and ors .. Respondent. Mr N. J, Patil, for the Applicant Mrs. A.S. Pai, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 22nd June, 2011 P.C. 1. This is an application for leave to file appeal against judgment of acquittal rendered by the learned Judicial Magistrate First Class, Court No.9, Kolhapur, for the offences punishable under Section 138 of the Negotiable Instrument Act. The learned Magistrate held that the applicant did not prove that the accused issued cheque in question. On 18th April, 2011, when the matter came up before this Court, time was sought to produce passbook to show entry of withdrawal of Rs.90,000/- for extending advance in question to the respondent. Today learned counsel for the applicant made available for my perusal the passbook of loan taken from The Kolhapur Maratha Co.op Bank Ltd. It is in respect of loan account No.6116. This shows that the applicant had taken a loan of Rs.3,00,000/- on 14.3.2006 and was repaying the loan 2 appln 423 of 2010 in instalments of Rs.6350/- per month. He was to repay loan in 114 instalments. It is not clear as to how this document would show that the applicant had requisite funds at the relevant time. This passbook does not show entry of withdrawal of Rs. 90,000/- at the relevant time for being advanced to the respondent. The view taken by the learned Magistrate cannot be faulted. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)