1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No.3315 of 2008 In Criminal Appeal No.643 of 2008 (Shri Shankarlal Ramchandra Khandelwal v. Sau. Santosh Vijaykumar Bhattad) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dr. Anjan De, Advocate for Applicant. CORAM : R.C. Chavan, J. DATE : 8th December, 2008 This is an application for leave to file appeal against the judgment of acquittal of the non-applicant rendered by the learned Judicial Magistrate First Class, Amravati. I have heard the learned counsel for the applicant. The applicant had agreed to purchase a plot admeasuring 289.33 sq.feet. at the rate of Rs.5,000/- per square foot and had received a sum of Rs.3 lacs by three cheques. Under the agreement, the balance was to be paid at the time of registration of sale-deed. A cheque for Rs.11 lacs was stated to have been paid by the non-applicant towards the said consideration under an oral agreement. This cheque was bounced. The learned Magistrate held that this cheque was issued by way of security for payment of the balance of consideration. There would have been no occasion for the non-applicant to pay balance of consideration of Rs.11 lacs 2 when under the agreement the balance was to be paid at the time of registration of sale-deed. The view taken by the learned Magistrate, therefore, cannot be said to be perverse or improbable. Leave is refused. Appeal stands dismissed. JUDGE pdl