-:1:- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 1830 OF 2008 APPLICATION NO. 1830 OF 2008 APPLICATION NO. 1830 OF 2008 Mr. Vivek Vedprakash Dadu. ... Applicant. V/s. Mr. Dilip K. Deshmukh & Ors. ... Respondents. Mr. Rajesh More i/b. Ms. Aparna More for the Applicant. Ms. A.A. Mane, A.P.P. for the State. CORAM CORAM CORAM : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. DATE DATE DATE : 28TH JULY, 2008. : 28TH JULY, 2008. : 28TH JULY, 2008. P.C. P.C. P.C. : : : . Heard learned Advocate. 2. Perused the Judgment and order dated 9.4.2008 passed by the Additional Chief Judicial Magistrate, Pune. The complainant in his deposition had admitted that the accused Dilip Kashiram Deshmukh has no monetory transaction nor he has any obligation for which the cheques were issued. It is an admitted fact that there was no document creating any liability as against the original debtor or purchaser of the goods from the shop of the complainant. -:2:- 3. In the set of these facts, the findings of the learned Judge that there was no existing legal and enforceable liability of the accused in the light of the provision of Section 138 of Negotiable Instrument Act, cannot be disputed. 4. Hence, leave refused. (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.)