1 appln 65 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.65 OF 2011 Snehadeep Nagari Sahakari Patsanstha Ltd .. Appellant -versus Subhash Pirgonda Patil and anr .. Respondents. Mr. Prashant Kulkarni, for the Applicant. Mr. Rajesh More, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 8th August, 2011 P.C. 1. This is an application for leave to file appeal against the judgment of the learned Additional Sessions Judge, Ichalkaranji, District: Kolhapur, reversing conviction of the respondent, for the offence punishable under Section 138 of the Negotiable Instrument Act, ordered by the 5th Judicial Magistrate First Class, Inchalkaranji. The learned Judge found that the recovery certificate had been issued by the Deputy Registrar, Co-operative Societies, on 24th April. 2006, in respect of the loan amount against which a cheque which was dishonoured, had been issued. The recovery certificate shows that a sum of Rs.2,06,175/- plus interest on Rs.2,00,000/- at the rate of 20% per annum was to be recovered. The learned Judge calculated this amount which came to Rs.2,84,705/- and therefore, concluded that the applicant's taking a cheque in 2 appln 65 of 2011 the sum of Rs.3,58,780/- against dues of Rs.2,84,705/- was not correct and therefore, the cheque was not issued against legally enforceable debt or liability. In view this no fault can be found with the view taken by the learned Judge. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)