1 Appln 5704-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5704 OF 2010 Krishna Kurdukar .Applicant V/s. Ropa Plastics Pvt. Ltd. & ors .Respondents Mr.A.V.Anturkar with Mr.Amol Gatne, Advocate, for the Applicant Mrs.P.P.Bhosale, APP, for Respondent No.3 - State CORAM : R.C.CHAVAN, J. DATE : 8TH JUNE, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for leave to appeal against the Judgment of acquittal rendered by the learned Addl.CJM, Pune for the offence punishable under Section 138 of the Negotiable Instruments Act holding that the cheque in question was issued by way of security and not legally enforceable debt. 2 Appln 5704-2010 The learned Counsel for the applicant submits that the cheque was issued towards Complainant's commission in case the transaction which the respondent was to enter to fizzled out. The learned Counsel for the applicant points out reply to the notice issued by the applicant. This reply dated 4th March, 2009 given by the respondent does not claim that the cheque was issued as security. Therefore, this aspect would have to be examined. Leave granted. Appeal be registered and processed further. Action be taken under Section 390 of the Cr.P.C. (R.C.CHAVAN, J.)