1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2226/2009 Chitra Ashok Khare PETITIONER VS Hanumant Jayram Jagtap & Ors. RESPONDENTS Mr.Rajesh Datar for the petitioner Mr.Milind Ingole for Re.1 & 2 Mr.Y.S.Shinde ,APP for State CORAM: MRS.MRIDULA BHATKAR,J. DATE : 31st AUGUST, 2009. P.C. . Heard . 2] This application for leave to file appeal under section 378(4) of the Criminal Procedure Code is filed challenging the order of acquittal dated 13/3/2009 passed by II Jt.Judicial Magistrate,F.C.,Kalyan. The accused i.e. the respondent had issued two cheques of Rs.60,000/- each and the said cheques were dishonoured. Hence the proceeding under section 138 of the Negotiable Instruments Act was taken up against the respondent/accused. The record and evidence reveal that there was contract between the accused and the complainant about the construction of the house of the accused for an amount of Rs.4 lacs. It shows that the complainant had admitted that accused had paid Rs.4,50,000/- to her. The respondent/accused has rebutted the presumption by tendering sufficient evidence on the point that the cheques though were issued by him they were under the threats and coercion. The learned Trial Judge has 2 discussed this aspect in detail and has taken a correct view that it is not legally enforcible debt which the respondent/ accused was liable to pay to the complainant. 3] Hence no interference is required in the order passed by the learned Trial Judge. Leave rejected. Dismissed. (MRS.MRIDULA BHATKAR,J.)