1 appln 5344 of 2009 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5344 OF 2009 Omprakash Murarilal Sharma .. Applicant. -versus Milind Nikarge and anr .. Respondents. Mr. B. P. Pandey, for the Applicant. Mrs. P. H. Kantharia, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 14th June, 2011 P.C. 1. This is an application for leave to file appeal against the judgment of acquittal rendered by the learned Metropolitan Magistrate, 10th Court, Andheri, Mumbai, for the offence punishable under Section 138 of the Negotiable Instrument Act. The learned Magistrate found that the applicant original complainant failed to prove that the cheque in question was issued for legally enforceable liability and in the evidence the complainant sought to state that the cheque was issued for relinquishing applicant's rights in respect of 500 Sq feet property. The complainant has also admitted in his cross examination that no document was executed for relinquishment. He could not assign any reason why total consideration and description of the property was not mentioned in the affidavit. He did not have any document to 2 appln 5344 of 2009 show for what purpose the cheque in question was given. In view of this it cannot be said that the learned Magistrate erred in coming to the conclusion that the applicant failed to make out ingredients to prove the offence under Section 138 of the Negotiable Instrument Act. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)