1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2227 OF 2007 Sow. Rajabai w/o Bajirao Jadhav ..APPLICANT VERSUS Malhari s/o Sadhu Shirsath .. RESPONDENT Shri R.D. Biradar, Advocate for the applicant. ===== CORAM : R. M. BORDE, J. DATE : 24 th June, 2009. PER COURT : 1- This is an application seeking leave to present appeal against the order of acquittal recorded by the 2 nd Chief Judicial Magistrate, Latur in S.T.C.C. No. 15980/2002 on 5-3-2007. 2- Respondent / accused is alleged to have issued four different cheques for an amount of Rs.10,000/- each. On presentation of said cheques with the bank, those were dishonoured and as such, complaint is lodged by the petitioner herein under section 138 of the Negotiable Instruments Act. 3- Perused the judgment delivered by the 2 nd Chief Judicial Magistrate, Latur. The 2 complainant has not proved the transaction in respect of the amount of cheques. The complainant in cross examination has categorically admitted that the bricks were delivered to Vitthal Kadam. It is the defence of the accused that the cheques were issued by way of security in respect of transaction between said Vitthal and the complainant. Complainant thus has failed to prove that the cheques were issued in discharge of legally enforceable liability or debt. Vitthal Kadam has also admitted during his cross examination before the court that there was transaction between him and the complainant and the cheques in question were issued by way of security in respect of said transaction. Considering this aspect of the matter, there does not appear to be any error in the reasons recorded by the trial court. This is not a fit case to exercise powers under section 378 of the Code of Criminal Procedure. Application therefore stands rejected. Consequently, appeal also fails and stands dismissed. ( R. M. BORDE, J.) dyb/office/criappln2227.07