1 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2413 OF 2008 Shyam Moshe Versolkar .. Applicant Vs. Dilip Maruti Palange and another .. Respondents Shri Vilas Mali, for the Applicant, Shri P. A. Pol, APP for the Respondent -State CORAM :SMT. MRIDULA BHATKAR, J. DATE : 21st July, 2009. P. C. 1. Heard. 2. This application is preferred for leave to appeal against the order of JMFC, Roha dated 5.4.2008. The Accused-Respondent was prosecuted and tried for the offence under Section 138 of the Negotiable Instruments Act. A cheque of Rs.20,000/- (Twenty Thousand) issued by the accused was bounced. 3. The learned counsel appearing for the applicant has submitted that, in the point for determination, the learned Trial Judge has mentioned wrong amount as Rs.25000/- and also wrong number and wrong date are mentioned and it shows the non application of mind by the Trial Court. Similarly, the leaned Trial Judge has erred in accepting the defence of the 2 accused that the said cheque was stolen by one person namely Shri Darji and handed over the Applicant. It is further submitted that the learned Trial Judge has failed to consider the evidence tendered by the applicant. In the present case, the contents of the cheque are in different handwriting and the signature is of other person i.e. the accused. 4. The applicant could not prove that the accused has issued the cheque towards repayment of Rs.20000/- and which is legally dischargeable debt. Ld. Trial Judge has rightly held that there is contradiction in the evidence as the contents in the cheque was filled in by the different person and in a different handwriting. So, it cannot be accepted that the cheque was issued by the accused. Considering this reason given by the learned Trial Judge, there is no need to interfere in the matter. 5. In the result, Leave to appeal under Section 378(4) of the Criminal Procedure Code is refused. The application is dismissed. (MRIDULA BHATKAR, J.)