1 Cri-A-14-08.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 14 OF 2008 WITH CRIMINAL APPLICATION NO. 119 OF 2009 IN CRIMINAL APPEAL NO. OF 2008 Bhimrao Rajaram Chougule .. Applicant vs. 1. Bhagwan Ramchandra Kore 2. State of Maharashtra .. Respondents (No.1 accused) Mr Ajit M.Savagave, i/b. S.S.Patwardhan,Advocate, for the applicant. Mr.N.S.Pathak, Advocate, for the respondent No.1. Mr. Y.M.Nakhwa, APP, for the respondent NO.2 State. CORAM: J.H.BHATIA,J. DATE : 3rd October, 2011. P.C. 1. Heard the learned Counsel for the applicant, who seeks leave to prefer appeal against the acquittal for the offence under Section 138 of the Negotiable Instruments Act. He also seeks condonation of delay of 280 days in filing the appeal. Assuming that there are good reasons, the delay is condoned. 2. On perusal of the judgment of acquittal passed by the Sessions Court by setting aside the order of conviction under Sec. 138, I find that the appellate Court has minutely considered the evidence. According to the complainant, the 2 Cri-A-14-08.odt cheque in question was issued towards the consideration of the truck which he had sold. However, the Sessions Court noted that the truck was not standing in the name of the complainant but in the name of somebody else and therefore the cheque was not issued for any legally enforceable debt or liability in favour of the complainant. In these circumstances, I see no reason to grant leave. 3. Therefore, leave to prefer appeal is refused. The application stands rejected. Both the applications stand disposed of. (J.H.BHATIA,J.)