sns IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4260 OF 2010 IN CRIMINAL APPEAL NO. OF 2010 Smt. Halima Ahmed Kazi ..Applicant. (Org. Complainant) v/s. 1 Husaini Bhikan Pathan & Anr. ..Respondents. Mr. Makarand P. Panchakshari i/by S.K.Shinde, advs. for the Applicant. Smt. S.A.Dhamale, adv. for the respondent no.1. Smt. G.P.Mulekar, APP for the R.No.2. CORAM : J.H.BHATIA, J. DATE : 16th September, 2011 PC : 1 Heard the learned counsel for the parties. Perused the impugned judgment and other relevant documents. 2 Applicant, who is original complainant seeks leave to prefer appeal against the order of acquittal for the offence under Section 138 of the Negotiable Instruments Act. According to the complainant, the accused/respondent had issued seven cheques of different dates in the month of September, 2007. Out of them two cheques were honoured and five cheques were returned for want of sufficient funds. In-spite of service of statutory notices, payment was not made. According to the accused, amount of Rs.25,000/- was taken as loan by her husband a long back and sns amount of Rs.1 lac was repaid and still the applicant had forcibly obtained her signatures on the blank cheques, which were misused during the trial, the complainant tried to take a plea that some agreement for sale of immovable property was entered into in the year 1992 and amount was given as earnest money. That agreement could not be materialised and it was cancelled sometimes in 1997. In 2007, these cheques were issued for re-payment of the amount. Firstly, it is not clear if the contract had come to an end, why the applicant had kept silent for ten years. Secondly, in 2007, whatever amount was due to the complainant had become time barred and was not legally enforceable debt or liability, therefore, provisions of Section 138 of the Negotiable Instruments Act could not be applicable. The trial Court acquitted the accused on the said ground. I find no fault with the same. 3 Therefore, leave to prefer appeal against the acquittal refused. Application stands rejected. (J.H.BHATIA, J.)