1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.367 OF 2011 Sou. Vidya Nabhiraj Gangai .Applicant V/s. Tukaram Baburao Bhosale & anr. .Respondents Mr.Milind Parab, Advocate, for the Applicant Mr.A.M.Adagule, Advocate, for Respondent No.1 Mr.K.V.Saste, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 23RD 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 respondent No.1 by the learned Judicial Magistrate F. C., Kolhapur for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The learned magistrate found that the cheque bore dated 18th July, 2001. On 29th June, 2 2001 the applicant had already informed the Bank that not to honour that cheque. Therefore, the learned magistrate held that the defence that blank cheque was given by way of security was probabilized, since it was not the complainant's case that on a date prior to 29th June, 2001 a post dated cheque for certain amount was given. It cannot be said that view taken by the learned magistrate is perverse or improbable. Leave refused. Appeal dismissed. (R.C.CHAVAN, J.)