1 appln 406 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.406 OF 2011 Citizen Credit Cp-op Bank Ltd .. Applicant -versus Mr. Armando Aquino .. Respondent. Mr. Suneet Moholkar, i/b Pillai and Co. for the Applicant. Mr. Yuvraj P Narvankar, for r espondent. Mrs. U.V. Kejariwal, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 6th June, 2011 P.C. 1. This is an application for leave to appeal against the judgment of acquittal rendered by the learned Metropolitan Magistrate, 13th Court, Dadar, Mumbai in a case for offence punishable under Section 138 of the Negotiable Instrument Act. The cheque in question was not at all drawn in favour of the complainant. It was drawn in favour of a firm of the accused himself and marked as "account payee". It was not endorsed to the complainant Co-operative bank. The learned Judge is, therefore, right in holding that the complainant had no business to claim money under the cheque. The view taken by the learned Magistrate cannot be 2 appln 406 of 2011 said to be perverse calling for interference by this Court. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)