1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2566 OF 2008 WITH CRIMINAL APPLICATION NO.2567 OF 2008 WITH CRIMINAL APPLICATION NO.2568 OF 2008 WITH CRIMINAL APPLICATION NO.2569 OF 2008 WITH CRIMINAL APPLICATION NO.2570 OF 2008 WITH CRIMINAL APPLICATION NO.2571 OF 2008 Chandrakant Shivaji Thakkar ..Applicant V/s. Narsimha Rao alias Bappanand ..Respondents Narsimhan & ors Mr.P.B.Patil, Advocate, for applicant Ms.A.A.Mane, A.P.P, for the State CORAM : K.U.CHANDIWAL, J. DATE : 8TH AUGUST, 2008 P.C. . Heard. 2. The learned Magistrate by a common Judgment in seven cases acquitted the accused. The complainant has come with a case of agreement for purchase of a flat from the accused signed by Power of Attorney Holder Laxman Patel and thereafter, the matter was amicably settled whereupon the 2 complainant issued the said cheques of different amounts and different dates. The accused claim that the agreement was cancelled and the learned Judge in his Judgment has observed that the agreement is very lengthy, all the aspects thereof are required to be scrutinized which can be done only by Civil Court. The Magisterial Court is not having jurisdiction to go into the merits of the agreement and the learned Judge observed, the complainant has not established that the agreement is genuine or that the accused was having right of development of the area mentioned in the agreement. The nature of cross examination to the complainant established that the matter was taken to police and then in order to settle the controversies the accused has issued the cheques. It is quite clear till then there was no termination of the agreement nor possession of the flat was given to the complainant. Leave to appeal is granted. Appeal admitted. (K.U.CHANDIWAL, J.)