1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1024 OF 2011 M/s.Akansha Sales .Applicant V/s. The State of Maharashtra & anr. .Respondents Mr.Vaibhav Bagade, Advocate, for the Applicant Mrs.S.V.Sonawane, APP, for Respondent No.1 - State CORAM : R.C.CHAVAN, J. DATE : 15TH NOVEMBER, 2011 P.C. . Heard the learned counsel for the respective parties. 2. This is an application for leave to file an appeal against acquittal of the respondents ordered by the learned Judicial Magistrate F. C., Solapur holding that the cheque in question was given by the respondent towards security. The defence of the accused was that complainant's father was running some 2 sort of bhishi from which the respondent had, in fact, received a sum of Rs.5,00,000/- by a cheque drawn on HDFC Bank. The respondent claimed to have repaid this amount to the complainant's father in cash. He states that since he had not paid the monthly installment on time, the complainant's father demanded a sum of Rs.50,000/- towards loss of interest and a fine which he refused to pay and therefore, the cheque which had been issued to the complainant's father was misused. But the cross examination of the accused, who had stepped into witness box shows that he does not know any details of the bhishi being run by the complainant's father. He did not have any evidence about those transactions. He admitted that in 2007 he had started a housing project by name Oxygen City which was worth Rs. 15,00,00,000/- to Rs.20,00,00,000/- and also admitted that the project was stalled. In view of this, findings recorded by the learned 3 Judicial Magistrate F. C. would require re- consideration. 3. Leave granted. 4. Admit. 5. Call for R & P. 6. Action under Section 390. (R.C.CHAVAN, J.)