* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 508 OF 2009 (LEAVE TO APPAL) IN CRIMINAL APPEAL NO. OF 2009 W I T H CRIMINAL APPLICATION NO. 509 OF 2009 (LEAVE TO APPAL) IN CRIMINAL APPEAL NO. OF 2009 M/s.Acre Cooling Systems Pvt.Ltd ....Applicant (Orig.Complainant) V/S. 1. M/s.Sky Entertainment (P) Ltd 2. Mr.Sabir Rashid 3. Mr.Faisal Rashid 4. Mr.Zain Rashid 5. Mr.P.K.Durgar 6. The State of Maharashtra ....Respondents (Resp.nos.1 to 5/Orig.accd) ======= Mr.Ganesh Gole i/by.Bodhanwalla & Co. adv.for applicant. Mr.Vijay Pradhan with Mr.Anil Rao, adv.for respondents no.1 to 4. Mr,Kirit Kumar Gandhy, adv.for respondent no.5. Mr.Y.S.Shinde, APP for State-respondent no.6. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 5TH AUGUST, 2009. P.C. : 1. Heard counsels for both sides. 2. The above applications are filed for leave to file an * 2 * appeal to challenge correctness and legality of the judgment and order dated 17th November, 2008 passed by the learned Metropolitan Magistrate acquitting respondents no.1 to 5 of the offence punishable under Section 138 read with Section 141 of Negotiable Instruments Act. 3. Respondent no.1 company had organized Ice Skating event for which the appellant had supplied refrigeration system for making ice floors. The total cost of the refrigeration system supplied was of Rs.13,80,000/-. The appellant claims that he was issued one cheque in the sum of Rs.38,00,000/- for discharge of the liability of supplying refrigeration system. The respondents had disputed their legal liability to pay the amount under the cheque. During the course of the trial, the appellant produced not the cheque of Rs.8,00,000/- bearing number 239573 as alleged in the complaint, but three cheques each for the amount of Rs.4,00,000/- bearing nos. 235968, 235969, 235979 dated 7th July, 2009. Apart from this, the trial court, after considering the evidence of the witness of the appellant in cross-examination has concluded that the appellant had received a sum of Rs.33,00,000/- from respondent no.1 at different times, towards the costs of refrigeration system leaving the liability of only Rs.5,80,000/-. The four cheques were for the total amount of Rs.20,00,000/-. With this, the court came to the conclusion that the appellant has failed to establish that the cheques were issued in discharge of legally enforceable debt. I have perused the judgment and heard both the advocates and I am * 3 * of the opinion that there is no error or illegality in the impugned judgment and order. Hence, leave to appeal is refused. [SMT.R.P.SONDURBALDOTA, J]