-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 2720/2006 APPLICATION NO. 2720/2006 APPLICATION NO. 2720/2006 Director, Jyotirling Finance and Investment LTd. : Applicant v/s Bapuso Rangrao Yadav & anr. : Respondnets A.M. Kulkarni advocate for applicant Datta H. Pawar for respondent no.1 A.S. Shirole A.P.P. Coram : R.S. Mohite,J Date:10.7.2008 P.C. . Heard both the sides. By consent rule made returnable forthwith. This application is for grant of leave to appeal. The applicant is a finance company. For purchase of T.V.set in the year 1998 they granted a loan of Rs. 11990/- to the accused. The accused did not repay this loan amount though repayment was demanded. At the time of sanction of loan finance company had taken blank signed cheque from the accused. Subsequently the cheque was filled in. The evidence indicates that the cheque was filled in on behalf of the finance company for an amount of Rs. 23855/-. The trial court observed that the complainant had produced account extract at Ex. 45/1 which indicate that amount 24172. it also indicated that finance company had charged an amount of Rs. 8524/- towards recovery charges. It is the finding of the lower court that in support of charging such -2- recovery charges, the complainant has not produced any document to show as to whether they were entitled to charge such kind of huge amount towards recovery charges. In a case like this, the finance company can recover loan amount along with any agreed interest or any other agreed charges or penalty. Where they accept a blank cheque by way of security, they are not at liberty to unilaterally fill in any amount which they feel the accused is entitled to pay unless it is an amount which is agreed to at the time when the loan is taken. The Finance company cannot use the judicial process to make recovery in respect of amounts which are not agreed. If they wish to recover additional moneys to which they feel entitled, then the proper process is to file appropriate civil proceeding. In 138 matters, if it comes to the notice of the court that the cheque amount includes an amount which is not agreed when loan is taken then it is open to the court to conclude that there was no legally enforceable liability in respect of the excess amount which is claimed by the finance company. In this view of the matter, in my view it is not the fit case to grant leave. Hence leave refused. Consequently appeal papers to be filed. (R.S. Mohite, J)