1 appln 4023 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4023 OF 2010 Chandrashekhar Prabhune .. Applicant. -versus Jagannath T Chowgule and ors .. Respondents. Mr. G.S. Vaidya, for the Applicant. Mr. Rajesh More, APP for the Respondent State. Mr. Sandeep Babar, for respondent No.1. CORAM: R.C. CHAVAN, J. DATED: 5th July, 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 Act, 1881, rendered by the learned J.M.F.C. Satara. Learned Magistrate among the other things held that the complainant had admitted that the cheque in question was given not after the advance was made but before advance was being made. The advance itself was made from time to time aggregating to Rs.5,00,000/-. The cheque of Rs.5,00,000/- was issued before any money was paid to the accused and therefore, it was by way of security. Complainant also admitted in cross examination that the cheque was to be returned to the accused after construction work was over, but he did not 2 appln 4023 of 2010 return the cheque. In view of admission of the complainant, it cannot be said that the learned Magistrate erred in holding that the cheque was not issued towards any legally enforceable debt or liability. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)