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 APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1454 OF 2006 Vishwas B. Gaikwad. ..Appellant. Vs. Popatrao I. Adagale and ors. ..Respondents. Mr.T.D.Deshmukh for the Appellant. Mr.M.H.Mhatre, APP. for the State. CORAM: R.S.MOHITE, J. DATE : 22nd July, 2008 P.C. P.C. P.C. 1. This is an application for leave to file appeal. The acquittal is under Section 138 of the Negotiable Instruments Act. It was the case of the complainant that in view of the agreement to purchase a flat, he had paid Rs.91,200/- to the accused out of the total consideration of Rs.1,46,500/-. However, inspite of payment of large amount possession was not given and therefore, he filed N.C. complaint and in the police station by way of settlement the accused No.1 gave a cheque of Rs.95,000/-including compensation. From the above facts, it would become clear that the complainant is not entitled to 95,000/-. Besides that, there is no evidence to show that the agreement in question was cancelled. It appears that the cheque is signed by the Proprietor of another company between which he has no concern. In this view of the matter benefit of doubt was given to the accused persons. Hence, leave refused. Consequently the appeal papers to be filed. (R.S. MOHITE, J.)