1 appln 801 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.801 OF 2011 Atmaram Shukrya Tare .. Applicant -versus Sangitika Shrikant Wagh and anr .. Respondents. Mr. Sachin Pawar, for the Applicant. Mrs. M.M. Deshmukh, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 26th July, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of the respondent No.1 for the offence punishable under Section 138 of the Negotiable Instruments Act, rendered by the learned Judicial Magistrate First Class, Bhiwandi. Though the manner in which the learned Magistrate has dealt with about 31 judgments cited before him by both the sides is not satisfactory, the finding recorded on fact cannot be termed as perverse or improbable. The accused is wife of a police constable, who represented to the complainant that her husband would help him in getting permit room license for his hotel. The complainant allegedly paid various sums to the tune of Rs.3,11,000/- from time to time to the husband of accused. Since the license was not forthcoming, complainant demanded refund of amount and 2 appln 801 of 2011 then respondent is alleged to have issued cheque which has bounced. There is no question of a hotel keeper not knowing as to how the amounts to be paid to the Government Treasury are to be deposited. The amounts which the complainant paid to the police constable husband of accused, were obviously bribe amount. Therefore, the complainant cannot grieve now that he is not able to recover those amounts. The view taken by the learned Magistrate is proper. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)