1 (908) Appln 3769/09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Amk CRIMINAL APPLICATION NO. 3769 OF 2009 M/s. Hasmukh & Co. .. Applicant Vs. The State of Maharashtra & Anr. .. Respondents Mr. Kishor Bhatia i/b Mr. Amit G. Kasbe for the Applicant. Mr. Rahul Motkari for Respondent No.2. Mrs. A. A. Mane, APP for the Respondent State. CORAM : MRS. ROSHAN DALVI, J. Date : 3rd May, 2011. P.C. 1. This is an application for leave to file Appeal against the order of acquittal for Criminal prosecution under Section 138 of the Negotiable Instruments Act. The case of the Applicant/Complainant is upon two invoices and one debit note. The invoices show goods were supplied and received by the Accused. The Debit note was referred to as the credit note both in the notice as well as in the complaint. It is thereafter stated to be corrected in the notes of evidence of the Complainant. The amount due and payable would become completely different if the document is a debit note or a credit note. 2. The amount of cheque is stated to be the balance amount payable by the accused. The accused is distributor. The amount would be payable from time to time. That would be depending upon the account 2 (908) Appln 3769/09 maintained by the parties. The cheque given by way of security has been used. Hence to ascertain the consideration stated under the cheque being the balance amount for which the cheque is stated to be issued, it becomes very material to see whether it is a debit note or credit note. 3. Consequently the order of the Ld. Magistrate acquitting the accused cannot be faulted. Leave to Appeal is refused. (ROSHAN DALVI, J.)