1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1238 OF 2011 Mulchand Fulchand Picha .Applicant V/s. Mohanlal Fulchand Picha & ors .Respondents Ms V.K.Jagdale i/b. Mr.K.R.Jagdale, Advocate, for the Applicant Mr.K.V.Saste, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 18TH NOVEMBER, 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.1 by the learned Judicial Magistrate F.C. (Motor Vehicle), Nashik. The learned magistrate held that respondent No.1 had, in fact, received cheques from partnership firm and credited those cheques in the account of his proprietary firm. 2 The learned magistrate held that it cannot be said that the accused acted in the legal capacity as a public servant or banker, merchant, factor, banker, attorney or agent since there was no partnership and therefore, offence punishable under Section 409 of the Indian Penal Code was not made out. As far as Section 403 is concerned, he held that the date of offence was 7th July, 1990 and complaint was filed on 13th July, 1993 without seeking any condonation of delay or extension of limitation. No fault can be found with the findings recorded by the magistrate. Leave refused. Appeal dismissed. (R.C.CHAVAN, J.)