1 APPLN-G-5201.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.5201 OF 2010 M/s. Super Electrical & Insulating Co. .... Applicant Vs. Ashok Chimanlal Dharia & Anr. .... Respondents WITH CRIMINAL APPLICATION NO.5202 OF 2010 M/s. Super Electrical & Insulating Co. .... Applicant Vs. Sudhir Chimanlal Dharia & Anr. .... Respondents S/Shri Niranjan Mundargi a/w Sandeep S. Kumbhar i/b H.H. Nagi for the Applicant. Shri Rajesh Dharia for Respondent No.1. Ms A.S. Pai, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: JUNE 21, 2011 P.C: These two applications for leave to file appeal against the judgments of acquittal of the respondents for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, rendered by the learned Metropolitan Magistrate, 6th Court, Mazgaon, Mumbai, are being disposed of by this common order. The 2 APPLN-G-5201.10 applicant/original complainant-firm claims to have advanced amounts to the two respondents from time to time and claims that towards the amounts so accumulated, one of the respondents drew a cheque of Rs.1,00,000/- in favour of the applicant and the other respondent drew a cheque of Rs.1,58,000/- which were duly acknowledged by the applicant by issuing receipts. The defence of the respondents is that in fact the respondents advanced loans to the applicant by furnishing those cheques. The learned Magistrate acquitted the respondents holding that the defence was probable. The applicant had not produced any document to show that in its book of accounts any entry of loans advanced to the respondents was made. If the amounts against which cheques were issued by the respondents were accumulated by the small advances from time to time, some where there must be an account which would show that the amounts advanced made upto Rs.1,00,000/- in one case and Rs.1,58,000/- in the other case. It cannot be said that the learned Magistrate erred in concluding that the charges were not proved. Leave refused. Appeal dismissed. (R.C. CHAVAN, J.)