1 appln 474 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.474 OF 2011 Narasgonda Annaso Patil .. Applicant -versus Eisak Kammrudina Belif and anr .. Respondents. Mr. S.S. Patwardhan, for the Applicant. Mrs. P. H. Kantharia, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 9th June, 2011 P.C. 1. This is an application for leave to file appeal against the judgment of acquittal of the respondent No.1, rendered by the learned 5th Judicial Magistrate First Class, Sangli, whereby he acquitted the respondent No.1 for the offences punishable under Section 138 of Negotiable Instrument Act, 1881. According to applicant, he was awarded the contract for the supply of water by water tanker to the Collector, Sangli. This tender was submitted on behalf of the applicant in the name of accused. A sum of Rs.7,70,073/- was received by the accused from the Collector towards this contract. A sum of Rs. 2,2,060/- was paid by the accused to the complainant and for the balance of Rs.5,44,813/- accused issued a cheque which was dishonoured, therefore, the complaint was filed. The learned Magistrate has rightly observed that there was 2 appln 474 of 2011 nothing to show that the applicant submitted his bill to the Collector through the name of accused or applicant's vehicle was used for supply of water or that the applicant had spent any amount for such supply of water or that the accused was liable to pay to the applicant amount under the tender. Therefore, in the absence of existence of legally enforceable liability the learned Magistrate acquitted the accused. The view taken by the learned Magistrate cannot be said to be erroneous. Hence leave refused. Appeal is dismissed. (R. C. CHAVAN, J.)