1 (4) Appln 2192 & 2193/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Amk CRIMINAL APPLICATION NO. 2192 OF 2010 WITH CRIMINAL APPLICATION NO. 2193 OF 2010 Maharashtra Small Scale Industries Development Corporation Ltd. .. Applicant Vs. M/s. Argus Industries Ltd. & Ors. .. Respondents Mr. Abhijeet Desai for the Applicant. Mr. S. V. Marwadi for Respondent Nos.2 & 3. Mrs. A. A. Mane, APP for the Respondent State. CORAM : MRS. ROSHAN DALVI, J. Date : 5th May, 2011. P.C. 1. This is an application filed for leave to file Appeal against the acquittal in a case of dishonoured cheque under Section 138 of the Negotiable Instruments Act. Under undertaking-cum-indemnity bond issued by Respondent No.1 in favour of the Applicant for availing 80% advance payment facility against supply orders of the Applicant, the Applicant issued two cheques under the undertaking-cum-indemnity in the event of failure to pay the interest. The Applicant undertook to repay the advance together with interest compounded for the default period. The cheque that was issued was, therefore, for the liability of the principal amount and interest. 2. Respondent No.1 contended that it was for security. Security implies that it was to secure the repayment of the advance facility. Hence if Respondent No.1 shows repayment in any manner, the cheque cannot be 2 (4) Appln 2192 & 2193/10 presented. That is not shown. 3. Mr. Marwadi stated that there were various other transactions. Those transactions are not shown. These aspects would have to be considered. Hence leave to Appeal is granted. In view of the short question involved, the Appeal is placed for admission to be disposed of at the stage of admission. 4. S. O. to 27th June, 2011. 5. Advocate for the Applicant shall serve private paper book. (ROSHAN DALVI, J.)