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.1096 OF 2008 Shetkari Sahakari Sangh Ltd. ..Applicant. Vs. Anant B. Borade and anr. ..Respondents. Mr.H.S. Venegaonkar for the Applicant. Mr.A.S.Shitole, APP. for the State. CORAM: R.S. MOHITE, J. DATE : 14th August, 2008 PC : 1. This is an application for leave to file appeal against the judgment and order of acquittal under Section 138 of the N.I.Act. On perusal of the judgment and order, I find that the acquittal is based on cogent and acceptable reasons. It is admitted position that the amount which was due from the accused was over Rs.95,000/-. The accused had issued cheque for Rs.10,000/- which bounced. The notice however, did not demand amount of the cheque but demanded the interest, handling, postage and notice charges. The trial court has correctly held that this would be fatal. So also the ratio of the Apex Court in the case of K.R. Indira Vs. Dr. G. Adinarayana reported in 2003 AIR SCW 5501 where acquittal was held to be proper because there was no specific demand for payment of the amount covered by the cheque. Hence, leave refused. Consequently, the appeal papers to be filed. (R.S. MOHITE, J.)