1 APPLN-2782.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.2782 OF 2010 Dilip Ramchandra Gandhi .... Applicant Vs. Sunil Anant Chaudhary & Anr. .... Respondents Shri L.H. Patil for the Applicant. Shri Sandesh Bhosale for Respondent No.1. Ms P.P. Bhosale, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: AUGUST 04, 2011 P.C: This is an application for leave to file appeal against acquittal of the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act. The respondent had admitted having issued a blank cheque after taking a loan of Rs.30,000/- from the complainant. The complainant seems to have inserted a sum of Rs.2,00,000/- in the cheque, presented the cheque to the Bank which was dishonoured and then filed a complaint. The accused claims that he had repaid the entire amount in instalments but has nothing to show 2 APPLN-2782.10 that the amount was wholly paid. When the accused admits having issued blank cheque to the complainant after taking some amount as loan and when the accused also admits having issued a blank signed receipt to the complainant, he must suffer the consequences. Reliance on a Judgment of this Court in Sanjay Mishra v. Kanishka Kapoor @ Nikki & Anr., reported in 2009 (5) Bom.C.R. 564 would be unhelpful, since merely not disclosing the loan to the income-tax authorities would not make the loan unrecoverable. Hence leave granted. Appeal admitted. Since the learned counsel appearing for the respondent states that he would be representing the respondent, action under Section 390 of Cr.P.C. is dispensed with. The application accordingly stands disposed of. (R.C. CHAVAN, J.)