1 appln 407 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.407 OF 2011 Suresh Dattaram Bagul .. Applicant. -versus Sani Dnyaneshwar Joshi and anr. .. Respondents. Mr. Sanjay Kumar P Khairnar, for the Applicant. Mrs. P. P. Bhosale, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 5th July, 2011. P.C. 1. This is an application for leave to file appeal against acquittal of the respondent, ordered by the learned J.M.F.C. Nasik, for the offence punishable under Section 138 of the Negotiable Instrument Act. A cheque for Rs.70,900/- which had been issued by respondent accused was dishonoured. The learned Magistrate found that towards the transaction of purchase of row house for Rs.1,45,000/-, only a sum of Rs. 35,000/- and not Rs.71,900/ remained to be paid as the applicant himself admitted in the sale deed having received Rs.55,000/- in cash while executing the sale deed. According to applicant he had in fact received Rs.19,100/- and not Rs. 2 appln 407 of 2011 55,000/- at the time of execution of sale deed. There is no dispute that sums of Rs.54,000/- and Rs.1,000/- were paid in addition to what was recited in sale deed. The applicant must blame himself for acknowledging the receipt of Rs.55,000/- when he had received only Rs.19,100/-. The view taken by the learned Magistrate that only Rs.35,000/- and not Rs.70,900/- which was the amount of cheque were due, cannot be called to be perverse or improbable. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)