1 Cri-A-5719-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5719 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 Mratunjay Balaram Shinde ... Applicant vs. (Orig.complainant) 1. Arun Shrikant Ravankar ) 2. The State of Maharashtra ). Respondents (Resp.No.1 orig. accused) Mr. S.M.Savagave,Advocate, for the applicant. Mr.Rakesh Patil, Advocate for the respondent No.1. Smt. G.P.Mulekar, 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 parties. 2. The original complainant seeks leave to prefer appeal against the order of acquittal for the offence under Section 138 of the Negotiable Instruments Act in Criminal Case No.527 of 2007 before the JMFC, Islampur, Dist. Sangli. According to the complainant, he had depsited certain amount with the Co- operative Credit Society. That Society went into liquidation and,therefore, the 2 Cri-A-5719-09.sxw complainant was unable to withdraw his amount. The respondent No.1/accused was a mediator for the purpose of settling disputes between that Co-op. Society and its depositors or borrowers. The accused No.1/respondent had issued a cheque of Rs.1 lakh in favour of the complainant assuring him that he would get money from the Society.That cheque was dishonoured. Admittedly, the accused had not issued the cheque in discharge of any legally enforceable liability against him. According to the complainant himself, the cheque was issued by the accused as the complainant could not get his deposits back from the Society. Accused was not a guarantor for that deposit amount. In view of these circumstances, I find no substance in the appeal. 3. Therefore, leave to prefer appeal against acquittal is refused and the Application stands rejected. (J.H.BHATIA,J.)