(1) CRI. APP. 3241.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3241 OF 2009 Ramanad S/o Kishanlal Sharma .. Applicant VERSUS Kailashnath S/o Ramraj Tripathi and anr. .. Respondents AND CRIMINAL APPLICATION NO. 3245 OF 2009 Ramanand S/o Kishanlal Sharma .. Applicant VERSUS Kailashnath S/o Ramraj Tripath and anr. .. Respondents Mr. N.S. Ghanekar, Advocate for the applicant Mr. S.S. Wagh, Advocate for the respondent no.1 Mr. D.R. Korde, APP for the respondent no.2-State ... CORAM : A.V. NIRGUDE, J. DATED : 19TH MARCH, 2010 PER COURT:- 1] These applications are filed seeking leave to file Appeal against the judgments of acquittal recorded in cases no. 6519 of 2002 and 806 of 2003. The applicant was complainant. He lodged his complaint under section 138 of the Negotiable Instruments Act, 1881. It was his case that the cheques in question were given to him by the respondent in the year 2002, when they arrived at a compromise. Total cheque amount comes to Rs.15,50,000/-. The defence of the respondent was (2) CRI. APP. 3241.2009 that these cheques were not issued by him. He said that these cheques were from his bank account which he had opened long back in 1982 and that was never used by him. It is his case that the cheque-book was lying in the Office which both the parties shared for some time till 1988. 2] The Court below held that there was neither an agreement between the parties which could have been compromised and there was therefore, no occasion for the respondent to hand over the cheques in question. The learned Judge of the lower Court even expressed his doubt about the genuineness of the cheques. In view of this, the complaints were dismissed. 3] Having gone through the judgments, I have no difficulty in accepting them as correct. The applicant does not make out case for grant of special leave. Leave refused. Both the Criminal Applications stand rejected. Sd/- [A.V. NIRGUDE, J.] arp