1 Appln 5417-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5417 OF 2010 Namdev Gangaram Patil .Applicant V/s. Pralhad Pandurang Naik & anr. .Respondents Mr.Rahul Singh i/b. Mr.Rajesh Behere, Advocate, for the Applicant Mr.S.V.Gavand, Advocate, for Respondent No.1 Mrs.P.P.Bhosale, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 11TH JULY, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for leave to file an appeal against acquittal of respondent No.1 for the offence punishable under Section 138 of the Negotiable Instruments Act recorded by the learned Judicial Magistrate F. C., Pen, District Raigad. The learned Magistrate held that on 2 Appln 5417-2010 the day on which a cheque of Rs.4,00,000/- issued, there was no legally enforceable liability. Presuming the case of the applicant to be correct, the applicant was to receive a sum of Rs.4,00,000/- from the proceeds of sale of the property which was to come to him from the Company developing SEZ. This amount was not at all received by the respondent No.1 when the cheque was dishonoured. The amount was disbursed on 22nd October, 2007 i. e. substantially after the cheque was dishonoured on 2nd July, 2007. 3. In view of this, it cannot be said that view taken by the learned Judicial Magistrate F.C. was perverse or improbable. Leave refused. Appeal dismissed. 4. Criminal Application is disposed of. (R.C.CHAVAN, J.)