1 Appln 3053-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3053 OF 2010 M/s.T.A.Shah Group of Companies .Applicants & anr. V/s. The State of Maharashtra & anr. .Respondents Mr.Ramesh Pandey, Advocate, for the Applicants Mrs.U.V.Kejariwal, APP, for Respondent No.1 - State CORAM : R.C.CHAVAN, J. DATE : 1ST JULY, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for leave to file an appeal against acquittal of respondent No.2 for the offence punishable under Section 138 of the Negotiable Instruments Act recorded by the learned Metropolitan Magistrate, 64th Court, Andheri. The applicant - Company claims to have advanced a sum of Rs.10,00,000/- to 2 Appln 3053-2010 respondent No.2 which respondent No.2 does not dispute having received. The only question is whether the amount was given on the understanding that it was to be repaid only after the release of film. The Complainant claimed that he was orally told by the respondent that the film was not going to be released and therefore, he presented the cheque. It cannot be said that the Magistrate erred in holding that the applicant failed to prove that the cheque was issued for legally enforceable liability. Leave refused. Appeal dismissed. 3. Criminal Application is disposed of. (R.C.CHAVAN, J.)