1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Appeal No. 830 of 2008 [Yuwraj A. Mandlik Vs. Subhash K. Mange] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. I.S. Charlewar, Adv., for the appellant. ----- CORAM : A.H. JOSHI, J. DATE : 23 rd March, 2010. 1. Heard learned Adv. Mr. Charlewar for the appellant. Read the Judgment rendered by the Trial Court. 2. It is seen that the complaint contains following averments:- “The complainant thereafter approached to accused, whereon he promised to make full payment of the loan amount of the said Punjab National Bank within ten days or till 30/10/2003 and he also make commitment in writing to that effect on 15/9/2003. The accused also issued two post dated cheques of his personal bank account No. 3380, vide cheque No. 869708 dt. 29/9/2003 and cheque no. 869709, dated 29/10/2003 for Rs.1,25,000/- each drawn on bank “the Bank of Rajasthan Ltd. Branch Office Kalyan (East) saying that if he failed to make repayment of the said loan of the said Punjab National Bank within ten days or till 30/10/2003, 2 then the complainant should present these cheque to his bank for encashment as refund of consideration of the said flat.” 3. On what is shown by the complainant- appellant that when the cheque was deposited, no money was due and payable, since as agreed and as understood by the complainant, the money had become due and payable only on 30th October, 2003. 4. Thus, when the cheque was dishonoured, there was no obligation to pay. In the result, the dishonour was in relation to a cheque under which payment was not due on that date. 5. In this background, the judgment of acquittal is based on sound reasons. There are no grounds to interfere. 6. Appeal is, therefore, dismissed. Judge |Hedau|