1 Appln 5731-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5731 OF 2010 Baban Yashwant Bhongale .Applicant V/s. Shivajirao Vitthalrao Saste & anr..Respondents Mr.Atul Kore i/b. Mr.Milind Deshmukh, Advocate, for the Applicant Mr.Kunal Cheema, Advocate, for Respondent No.1 Mrs.P.P.Bhosale, APP, for Respondent No.2 - 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 acquittal of the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act recorded by the learned JMFC, Malshiras, District Solapur. The cheque which was bounced and issued by the respondent was not at all drawn on any account 2 Appln 5731-2010 of the respondent. The account was in the name of Yashodeep Constructions of which the respondent's wife is a partner or director. On the day on which the cheque was allegedly issued she had informed the Bank that the cheque was lost and stopped its payment. If this was so then it cannot be said that the learned magistrate erred in holding that the Complainant failed to prove that the accused has drawn the cheque bearing No.353858 dated 13 th June, 1999 for the amount of Rs.1,30,000/- was issued by the respondent for discharge of any liability. Leave refused. 3. Criminal Application is dismissed. (R.C.CHAVAN, J.)