1 cri appln 689-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 689 OF 2010 Shri Vijay Kisanrao Dinde ...Applicant VS. Kiran Devram Patil & Anr. ...Respondents Mr.Chetan S. Dongre i/b. Mr.Sandeep K. Shinde for the Applicant. Smt.M.M. Deshmukh, APP for the State. CORAM : U.D. SALVI, J. DATED : APRIL 19, 2011 P.C :- 1 Heard. Perused the application, judgment of the trial court as well as the impugned judgment passed by the Additional Sessions Judge, Nashik, at Nashik. The learned Additional Sessions Judge, Nashik, at Nashik, upon survey of the evidence made pertinent observations in para nos.13 and 14 of his judgments. According to the complainant, the cheques in question were issued for payment of the price of the bricks sold and delivered to the accused. In this context, the learned Additional Sessions Judge 2 cri appln 689-2010 observed that the complainant had not filed any documentary evidence to show that he was doing the business of supplying bricks and building material and has not maintained the accounts of his business despite being the Commerce Graduate, and failed to produce business licence issued under the Shops Act. It was further revealed in the evidence, learned Additional Sessions Judge observed, that the complainant conceded that he was not having brick kiln or any sales tax transaction. The learned Additional Sessions Judge, therefore, found it difficult to accept the hypothesis that the bricks were supplied and in pursuance thereof, cheques were issued by the appellant. The view taken by the Additional Sessions Judge, Nashik, at Nashik, it is admitted, is not divorced from the evidence tendered before the trial court. The impugned judgment of acquittal passed by the Additional Sessions Judge, Nashik at Nashik, therefore, cannot be faulted. Leave, therefore, is refused. (U.D. SALVI, J.)