1 Cri-A-4167-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 4167 OF 2010 IN CRIMINAL APPEAL NO. OF 2010 Trimurti Nagari Sahakari Pat-Sanstha Mtdt.,Jaysingpur. ... Applicant (Orig. complainant) vs. 1. Shri Abhijit Dadasaheb Jagdale ) 2. State of Maharashtra ) Respondents (Resp.No.1 - orig.accused) Mr. Haribhau Deshinge, i/b. Vijay Killedar, Advocate, for the applicant. Mr.Y.S.Shinde,APP, for the respondent No.2 - state. CORAM: J.H.BHATIA,J. DATE : 2nd September, 2011. P.C. 1. Heard. 2. The original complainant, which is a Co-op. Credit Society, has filed this application seeking leave to prefer appeal against the order of acquittal under Section 138 of the Negotiable Instruments Act by J.M.F.C., Jaysingpur. 3. According to the complainant, the accused/respondent No.1 had issued a cheque of Rs.87,352/- on 6.5.2008 in favour of the complainant in 2 Cri-A-4167-10.sxw discharge of its liability. The trial Court noted that as per Recovery Certificate issued by the Assistant Registrar on 30.3.2005, the complainant was to recover amount of Rs.42,995/- inclusive of the principal amount, interest thereon and cost. Out of that money, a sum of Rs.25,000/- being the principal amount was to carry simple interest at the rate of 20% per annum. The cheque was issued after four years. Therefore, at the rate of 20% per annum, simple interest would be Rs. 20,000/- on the principal amount of Rs.25,000/-. Thus, the total amount due on the date of issuance of the cheque was only Rs.62,995/- and not Rs.87,352/-. The complainant had made wrong calculations and obtained the cheque for the amount which was not due. In view of this, the trial Court acquitted the respondent/accused. I find no fault with the said order. 4. Therefore, leave is refused. The application stands rejected. (J.H.BHATIA,J.)