IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2769 OF 2006 IN CRIMINAL APPEAL NO. OF 2006 Shankarlal Motilal Muthai )..Applicant Versus Sahebrao Shivram Shinde & Anr. )..Respondents ---- Ms.Sharvari Shailendra i/by P.S.Dani for the applicant. Mr.A.S.Shitole APP for the Respondent/State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 24.07.2008. PC 1. This is an application for leave to appeal. Accused has been acquitted for an offence under Section 138 of Negotiable Instruments Act. On perusing the impugned judgment and order, I find that the acquittal is based on cogent reasons. The cheques which are the subject matter of the case were issued on 2.3.2001. It was the defence of the accused that in fact, hand loan was taken by the accused in the year 1996 and at the time of taking hand loan he had given six cheques by way of securities. The record indicated that in respect of some other cheques and in respect of loan taken in 1996, another complaint under Section 138 was filed. In that complaint accused was acquitted. Summary : 2 : suit was also filed in 1998 for recovery of the amount. In that summary suit accused took a defence that he had asked the complainant not to deposit the balance cheques. The date of giving loan is also missing in the complaint as well as in the substantial evidence before the Court. The version of the accused that hand loan in the year 1996 was not seriously controverted in cross-examination. In such circumstances, presumption of the Court under 139 has been rebutted by the accused. The view taken is a possible view. In my view, this is not a fit case to interfere with in an appeal against acquittal. Hence leave refused. Consequently, appeal papers to be filed. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)