1 appln 5294 of 2009 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5294 OF 2009 M/s Rama Cylindrs Pvt. Ltd .. Applicant. -versus Mr. Jayesh Solanki .. Respondent. Mr. Sandesh Deshpande, for the Applicant. Mrs. M.M. Deshmukh, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 5th July, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of the respondents, ordered by the learned Metropolitan Magistrate, 28th Court, Esplanade, Mumbai, for the offence punishable under Section 138 of the Negotiable Instrument Act. The cheques in question were issued for making payment towards some high pressure seamless Gas Cylinders, supplied by the applicant company to the accused. The cheques bounced. The complaint was filed by one Dinesh Dave, who had filed affidavit of his evidence. As Dinesh Dave left the job one A.D. Joshi was substituted as representative. Mr. A.D. Joshi, was transferred subsequently. Ultimately one Prasad Oka, was examined on behalf of complainant. Prasad Oka admitted in his cross examination that he was not conversant with the facts of the case and no 2 appln 5294 of 2009 documents like invoices or delivery challans were produced to show that the goods in question in fact had been delivered against which cheques were received. In view of this it cannot be said that the learned Magistrate erred in holding that the complainant company failed to prove that the cheques were issued towards any legally enforceable liability. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)