1 APPLN-171.11 AIN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.171 OF 2011 Shivprasad Chandrakant Bhende .... Applicant Vs. The State of Maharashtra & Anr. .... Respondents Shri Mukesh Pabari for the Applicant. Shri S.A. Shaikh, APP, for the State. Shri Anand Patil for Respondent No.2. CORAM: R.C. CHAVAN, J. DATED: JULY 04, 2011 P.C: This is an application for leave to file appeal against acquittal of the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, ordered by the learned Judicial Magistrate, First Class, Kolhapur. The learned Magistrate found that the bill which was the foundation of the liability of Rs.19,119/- is in the name of Gote Sheet Fabricators of Ichalkaranji. There is nothing to show that this Gote Sheet Fabricators had any connection with the accused. Secondly, the amount of the cheque also includes a sum of 2 APPLN-171.11 Rs.355/- towards some previous transactions, the bills whereof had not been produced. Therefore, the learned Magistrate held that it was not proved that the cheque was issued towards legally enforceable liability. The view taken by the learned Magistrate cannot be called perverse or improbable. Leave refused. Appeal dismissed. (R.C. CHAVAN, J.)