IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Revision Application No.135 of 2008 (Raju s/o Bhupenbdranath Sidhra, Nagpur v. Ganpatrao Mahadeorao Kapse) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri Abhay Sambre, Advocate for Applicant. Coram : R.C. Chavan, J. Dated : 23rd January, 2009 By this revision, the complainant in Criminal Case No.943 of 2004 before the learned Judicial Magistrate First Class, Nagpur, takes exception to the appellate judgment rendered by the learned Additional Sessions Judge, whereby the learned Additional Sessions Judge set aside the conviction of the non- application for offence punishable under Section 138 of the Negotiable Instruments Act relating to dishonour of Cheque No.669561 for Rs.2,50,000/-. Reliance was placed on an agreement, which is at Exhibit 25 of the record of the Trial Court. This agreement itself shows that one Rekha Kapse, possibly the wife of the accused, was supposed to have issue the cheque towards the transaction. If that be so, it is not clear as to how the cheque issued by accused Ganpatrao could be said to be for legally enforceable liability, since the liability was that of Rekha. The view taken by the learned Additional Sessions Judge cannot be said to be wrong. The revision application is, therefore, rejected. Judge. pdl