1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPLICATION NO.1763 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 Dhondiram Dadoba Jadhav ...Applicant (Orig.Complainant) Vs. Ashok Ramgopal Mehta & Ors. ...Respondents (Orig.Accused) Mr.Pradeep Patil, Advocate for the Applicant Mr. P.P Kulkarni, Advocate for Respondents 1 and 2 Mr. S.R. Shinde, A.P.P for the State CORAM: SMT.ROSHAN DALVI, J. DATED: 21ST NOVEMBER, 2009 P.C. 1.This application is for leave to appeal against the judgment of the learned J.M.F.C, Ichalkaranji dated 27th January 2009 acquitting the accused for the offence punishable under Section 138 of the Negotiable Instrument Act. 2.The applicant/complainant lent Rs.6,00,000/- to the accused by 6 cheques and the accused issued two cheques 2 for Rs.1,00,000/-and Rs.5,00,000/-. These cheques have been deposited and dishonoured. Before the deposit the accused repaid Rs.2,00,000/-. The total balance liability was Rs.4,00,000/-. The cheques deposited were to the extent of Rs.6,00,000/-. 3.The cheque of Rs.5,00,000/- had an endorsement that Rs. 2,00,000/- have been paid and Rs.4,00,000/- remained as balance to be paid. This constitutes the novatio between the parties. This does not constitute a separate cheque of the liquidated amount due and payable for which there could be a criminal process. Hence, the order of the Magistrate cannot be faulted. Leave to appeal refused. (SMT. ROSHAN DALVI, J.)