1 23-2246-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2246 OF 2010 M/s. Shroff Textiles Ltd. .. Applicant. Vs. M/s. Meera Industries & Others .. Respondents. Mr. Tanvir Shaikh, for the Applicant. Ms. U.V.Kezriwal, APP for Respondent-State. CORAM : SMT.R.P. SONDURBALDOTA,J. DATE : 14th FEBRUARY, 2011. P.C.: 1 This application is filed for leave to file appeal against the judgment and order of acquittal by which the Respondent have been acquitted by the trial court for the offences punishable under section 138 of Negotiable Instrument Act, 1881. The trial court has dismissed the complainant and acquitted the Respondent as it found that the cheque in question had not been issued in discharge of legally, 2 23-2246-10.sxw enforceable debt. The case of the applicant in its complaint is that the cheque was issued towards the discharge of debt as per the Memorandum of Understanding dated 17 th February, 2000. Any claim for the amount due under the MOU could be enforced only within a period of three years from the date of MOU. There is no dispute that the cheque came to be presented for payment much after the period of three years from the date of the MOU. The cheque was presented for payment on 16 th April, 2004 . Therefore, on that date, the amount due under the MOU had became unenforceable,having become barred by law of limitation. 2 There is no interference called for in the impugned judgment and order. Hence, application for leave to appeal is rejected. (JUDGE)