1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1934 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 Rajesh M.Shrma .. Applicant V/s. Sarvjeetsingh P.Kakkad & Ors. .. Respondents Mr.Prathamesh A.Gokhale h/f.Mr.Rajesh P. Behere for the applicant. Ms.M.H.Mhatre, A.P.P.for the State. Mr.Manoj J.Bhatt for Respondent No.1. CORAM : A.R.JOSHI, J. DATED : 17th JULY, 2009. P.C. On previous dates rival arguments were heard for some time and time was given till today in order to ascertain whether there could be an amicable settlement between the parties. Today applicant is present so also the Advocate of applicant and respondents are present. Today, it is reported that the matter cannot be amicably settled. Today also heard rival submissions for some time. 2 2. It appears that present leave petition to file an appeal against the acquittal is arising out of the order of acquittal passed by the J.M.F.C.,Thane in the bouncing of cheque for Rs.1 lakh given by the accused Respondent No.1 to the complainant. According to the case of the Respondent accused it was the cheque given for security purpose. It is a factual position that initially loan taken by accused Respondent No.1 was of Rs.1 lakh on certain exorbitant rate of interest of 7 % p.m. with penalty clause. Said loan amount reached up to Rs. 3 lakhs. In order to come out to such liability admittedly Respondent gave his one flat to the complainant which was then costing Rs.5 lakhs, as such there was an amount of Rs.2 lakhs due and payable by the complainant to Respondent accused. This position has been accepted by the rival parties. In the meantime, the cheque of Rs.1 lakhs given as security by Respondent accused No.1 was deposited by the complainant and it was dishonoured as the payment was stopped on the premise that in fact complainant was liable to pay Rs.2 lakhs to the accused. Accordingly, complaint under section 138 of Negotiable Instruments Act came to be filed by the present complainant before the J.M.F.C., Thane. 3. During the above events it also happened that in order to come out of the liability of payment of Rs.2 lakhs which was due and payable by complainant to Respondents accused, present complainant gave a cheque of Rs.50,000/- to present Respondent. Said cheque was also dishonoured and against such cause present Respondent filed criminal complaint under section 138 of Negotiable Instruments Act 3 against present complainant, then mentioning him as an accused. Said complaint was also heard and decided by J.M.F.C.,Thane convicting present complainant, then accused. 4. Considering the above circumstances, in the opinion of this Court, there is nothing to again reagitate the issue in the appeal before this Court so as to ascertain the correctness and legality of the order of acquittal passed as against the present Respondent No.1 so far as bouncing of cheque of Rs.1 lakh. In the result, present leave petition is dismissed and accordingly disposed of. (A.R. JOSHI, J.)