1 APPLN-116.07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.116 OF 2007 Dhanaraj Jyotiram Sawant .... Applicant Vs. State of Maharashtra & Anr. .... Respondents Ms Nisha Valani for the Applicant. Ms A.S. Pai, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: JULY 27, 2011 P.C: This is an application for leave to file appeal against the acquittal of the respondent by the learned Judicial Magistrate, First Class, Wai, District Satara for the offence punishable under Section 138 of the Negotiable Instruments Act. The case pertains to dishonour of a cheque of Rs.46,000/-. The alteration of amount from Rs.40,000/- to Rs.46,000/- is visible to naked eyes. There is a receipt which also shows that the amount of Rs.40,000/- was changed to Rs.46,000/-. Curiously, even a letter dated 16-7-2005 by the Satara District Central Co-operative Bank shows that the amount which was initially written was 2 APPLN-116.07 altered to Rs.46,000/-. It cannot be a co- incidence that at so many places the amount had been altered. The view taken by the learned Magistrate that the complainant failed to prove that the cheque was issued towards a legally enforceable debt or liability cannot be held to be perverse or improbable. Leave refused. Appeal dismissed. (R.C. CHAVAN, J.)