1 appln 2788 of 2009 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2788 OF 2009 Chetan Amrutlal Shah .. Applicant. -versus State of Maharashtra and ors .. Respondents. Mr. Sachin Pande, i/b Rishi Bhuta, for the Applicant. Mr., P. P. Bhosale, APP for the Respondent State. Mr. S.P. Kadam, for respondent NO.2. CORAM: R.C. CHAVAN, J. DATED: 21st July, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of the respondent No.2 for the offence punishable under Section 138 of the Negotiable Instrument Act. Two cheques of Rs.1,09,046/- each dated 21st and 23rd June, 2005 were dishonoured. Even according the complainant, the accused was new customer and therefore the complainant had demanded those cheques as goods were to be manufactured as per specifications given by the accused. The goods themselves were ready as per invoices dated 1st July, 2005 and 9th July, 2005. The total amount under the invoices, was Rs.2,46,784/- which is more than the amount for which cheques were issued. sThe learned Magistrate, therefore, held that when the cheques were issued, they were not for the 2 appln 2788 of 2009 goods supplied and were given by way of security. It seems that there were further payments amounting to Rs.1,00,000/- which has been received by one Mustafa. The complainant claims that Mustafa had nothing to do with his business. But in cross examination complainant admitted that Mustafa was working as Project Manager. The view taken by the learned Magistrate, therefore, cannot be said to be improbable or perverse. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)