(1) (5) Appln 2583/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Amk CRIMINAL APPLICATION NO. 2583 OF 2010 Ramesh Raghunath More .. Applicant Vs. Dilip Baburao Rege & Anr. .. Respondents Mr. S. G. Deshmukh i/b Mr. Abhijeet J. Kandarkar for the Applicant. Mrs. M. M. Deshmukh for the Respondent State. CORAM : MRS. ROSHAN DALIV, J. Date : 5th May, 2011. P.C. 1. This is an application for leave to file Appeal in a case of acquittal under Section 138 of the Negotiable Instruments Act. The applicant proved in his evidence the execution of an agreement for sale entered into between himself and Respondent No.1. Respondent No. 1 denied the execution. An earnest was paid by the Applicant to the Respondent under the agreement. The agreement did not materialize. Earnest had to be returned. For that purpose the cheque was drawn. Hence the cheque was towards the liability of return of earnest amount under the agreement. The accused however denied the execution of the agreement. Yet he admitted the execution of the cheque. He has not shown any other transaction. This aspect will have to be considered. Leave to Appeal is granted. 2. Respondent No.1 was represented on the last occasion. The parties were to negotiate. Respondent No. (2) (5) Appln 2583/10 1 has not appeared either himself or through his Advocate today. In view of the short question of law, the Appeal can be disposed of at the stage of admission itself. 3. Advocate for the Applicant shall give notice to Advocate for Respondent No.1 of this order. 4. Call for R & P. 5. S. O. 27th June, 2011. (ROSHAN DALVI, J.)