1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO. APPA 149 OF 2009. M/S MAHAGUJRAT SEEDS PVT. LTD. VS M/S JAI BAJRANG KRISHI KENDRA ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri S. N. Bhattad, Advocate for the applicant. Shri Nitin Lalwani, Advocate for the respondent. CORAM : A.H. JOSHI, J. DATE : 24th JUNE, 2010. 1. This is an application for leave to appeal. 2. The appellant’s complaint under Section 138 of Negotiable Instruments Act is dismissed. 3. The dismissal is based on the finding that the complainant has failed to prove that there existed a legally recoverable debt and the liability of accused to pay towards cheque subject matter which according to the complainant was given for security towards the dues recoverable. 4. Though appellant claims that in the books of account, dues are shown, it is admitted that the liability is not proved barely by filing statement of account. 2 5. The documents supporting the dues such as any settlement of account for a debit voucher or invoices of transaction are not placed on record. 6. In the result, the judgment and order is not shown to be erroneous or contrary to record. 7. Appeal has no merit and is dismissed. Judge //mule//