1 Cri-A-5451-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5451 OF 2009 Nashik District Industrial & Mercantile Co-op. Bank Ltd. ... Applicant vs. The State of Maharashtra & Anr. ... Respondents Mrs. Tejsweeta Kadam i/b. S.M.Sabrad,Advocate, for the applicant Mr.V.R.Bhosale, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 10th March, 2011. P.C. 1. Heard. 2. The complainant, which is a Co-operative Bank, had filed complaint under Section 138 of Negotiable Instruments Act alleging that the accused/respondent had issued a cheque dated 18.8.2006 for the amount of Rs. 48,949/- towards repayment of the loan. The cheque was returned dishonoured. Inspite of the statutory notice, he did not make payment. The trial Court, after hearing the evidence, acquitted the accused. The learned Court noted that the statement of account of the accused was last prepared on 4.8.2006 and the amount due from him, including the interest was Rs.48,531/-. If it is so, it was not possible for the accused to have issued the cheque for the amount of Rs.48,949/-. That was not the amount which was legally recoverable from him. The 2 Cri-A-5451-09.sxw complainant has not filed any document about the evidence led by the complainant or the defence taken by the accused, statement of accused under Sec. 313 etc. to show that there was any admission about execution of that cheque for particular amount and/or that much amount was due. In view of this, there is nothing on record to show that the impugned order of acquittal was wrong. 3. Therefore, the Application for leave to prefer appeal stands rejected. (J.H.BHATIA,J.)