1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4342 OF 2010 Pavana Sahakari Bank Limited .Applicant V/s. Padampad Kaluram Yadav & anr. .Respondents Mr.M.S.Mohite, Advocate, for the Applicant Mr.K.V.Saste, APP, for Respondent No.2- State CORAM : R.C.CHAVAN, J. DATE : 1ST DECEMBER, 2011 P.C. . Heard the learned counsel for the respective parties. 2. This is an application for leave to file an appeal against acquittal of respondent No.1 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 by the learned Judicial Magistrate F. C., Pimpri, District Pune. The applicant - Bank claims to advance a sum of Rs.5,27,000/- for purchase of a car to the respondent. The respondent had given 2 20 cheques of Rs.20,000/- each. Two cheques of Rs.20,000/- were dishonoured which led to filing of a complaint. The learned Magistrate held, in spite of several documents tendered by the Complainant, the Complainant did not prove that the respondent had borrowed a sum of Rs. 5,27,000/- for purchase of a car. How far this was relevant for deciding the question of liability in respect of the dishonoured cheques would require re-consideration. Hence, leave granted. 3. Admit. 4. Call for R & P. 5. Action under Section 390. (R.C.CHAVAN, J.)