IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 436 OF 2008 AND CRIMINAL APPLICATION NO. 437 OF 2008. Amar S/o Chandrabhan Shell... ...... ......Applicant. V/s Suresh Panwar... ...... .....Respondent. Mr.A.M.Sarogi, Adv. For the Applicant. Mr.J.P.Yagnik, APP For the State. CORAM: A.P.DESHPANDE, J. 26/2/08 PC: This is an application seeking leave to file an appeal against the order of acquittal acquitting the respondent-accused for an offence punishable under section 138 of Negotiable Instruments Act. The respondent was working as an employee with the complainant since the year 1998 onwards. He was removed from service on 16.1.06. The complaint had been filed on the basis of dishonour of cheque dated 19.1.06 allegedly issued by the accused in favour of the complainant for discharge of legally recoverable debt. The complaint so also examination in chief affidavit of the complainant is conspicuously silent on the point of time when the loan was advanced. The accused came out with the case that way back in the year 1998 he had taken loan of Rs.20,000/- from the complainant and to secure the repayment of the said amount two 1 cheques were handed over to the complainant. It is further case of the accused that by making monthly deduction of Rs.2000/- from the salary payable to the accused the entire loan amount was satisfied. It is the grievance of the accused that he was beaten up by the complainant and thrown out of job on 16.1.06. Hence he lodged a police complaint on 17.1.06. Having regard to these facts the trial Court found that it is highly improbable that the accused would issue cheque in favour of the complainant on 19.1.06 after having filed a complaint with the police on 17.1.06. Having regard to the improbability in the case of the complainant the complaint has been dismissed. Perused the impugned judgment. Same does not call for any interference whatsoever. In the result application is rejected. 26.2.08 2