1 appln 487 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.487 OF 2011 Baburao Gurav .. Applicant. -versus Mrs. Kalyani Ganesh Narkar and anr .. Respondents. Mr. Omkar Gupte i/b Mr. Toni S Sachdevani, for the Applicant. Mrs. A.S. Pai, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 14th June, 2011 P.C. 1. This is an application for leave to file appeal against judgment of acquittal of the respondent for the offence punishable under Section 138 of the Negotiable Instrument Acqt, 1881, rendered by the learned Metropolitan Magistrate, 50th Court, Vikhroli, Mumbai. The applicant had paid a sum of Rs.2,60,000/- to the respondent accused towards purchase of property. It is stated that the transaction could not be completed and the respondent accused gave a cheque towards refund of consideration with damages. The transaction was dated 10th January, 2009 and it was cancelled on 15th September, 2009. An amount of Rs.4,00,000/- was stated to have written on the cheque by a friend of applicant who has not been examined. Therefore, it is not clear as to how a sum of Rs.4,00,000/- was quantified towards refund of 2 appln 487 of 2011 Rs.2,60,000/- which was due, within a short span of January, 2009 to September, 2009. The view taken by the learned Magistrate that the cheque was not for legally enforceable liability cannot be said to be perverse or calling for interference by this Court. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)