1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRI. APPLICATION NO.975 OF 2009 IN CRI. APPEAL NO.161 OF 2009 (AMIT SURENDRA YENURKAR VS. AJAY W. KUKDE) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Shri R.S.Kurekar, Advocate for Applicant. CORAM : R.C.CHAVAN, J. DATED : MARCH 25, 2009. 1. This is an application for leave to file appeal against judgment of acquittal rendered by learned Judicial Magistrate First Class, Nagpur, whereby she acquitted the respondents for the offence punishable under Section 138 of the Negotiable Instruments Act. It was held, among other things, that evidence disclosed that the dues which accused was liable to pay were only Rs.17,489/-, however, the cheque was for Rs.18,000/-. It cannot be said that the cheque was issued against any debt or legally enforceable liability. The view taken cannot be called as perverse or untenable, hence, leave refused. Appeal dismissed. JUDGE RR.