1 APPLN 385 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.385 OF 2011 Ranabhai Dattubhai Patel .. Applicant. -versus The State of Maharashtra .. Respondent. Mrs. S. A. Dhamale, for the applicant. Mrs. P. P. Bhosale, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 2nd December, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of the respondent Municipal Councilor, Nashik Municipal Corporation, for the offence punishable under Section 138 of the Negotiable Instruments Act, for dishonour of cheque of Rs.7 lacs. The learned Magistrate held that according to complainant, complainant had paid to the accused a sum of Rs. 7 lacs, for getting compensation from municipal corporation, for complainant’s land which had been acquired for D.P. road. The accused as Municipal Councilor was supposed to help in securing compensation to complainant. The complainant stated that the accused did move a resolution in Municipal Corporation, which was passed. However, the accused did not thereafter ensure the payment to the complainant and therefore given him a cheque to 2 APPLN 385 OF 2011 refund of Rs.7,00,000/- which he had taken. This cheque was dishonoured. Learned Magistrate held that the transaction was one of which consideration was unlawful. She referred therein Section 23 of the Contract Act. She also observed that since the object of so called consideration was against the public policy, the amount for which cheque was issued could not be recovered by the complainant. Learned counsel for the applicant submits that had the complainant sought to negotiate cheque of Rs.7,00,000/- towards bribe, then the assumption by the learned Magistrate would have been correct. The complainant was not receiving the amount as bribe, complainant was only receiving back the amount which the accused had taken as bribe. Therefore, to deny to the complainant recovery of amount saying that consideration was unlawful, would be subjecting the complainant to double jeopardy, first in being made to pay a bribe and then not being able to recover the amount though the work was not done. In view of this, leave granted. Admit. Call for the Record and proceeding. Action under Section 390 of Code of Criminal procedure. (R. C. CHAVAN, J.)