1 APPLN-4763.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.4763 OF 2009 Bhimashankar Sahakari Sakhar Karkahana Maryadit .... Applicant Vs. Shailen H. Mewar & Anr. .... Respondents S/Shri Sandip Kekane & Abhijit Kadam h/f U.B. Nighot for the Applicant. S/Shri Vipul Jain i/b I.A. Bagaria for Respondent No.1. Ms M.M. Deshmukh, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: AUGUST 04, 2011 P.C: This is an application for leave to file appeal against acquittal of the respondent ordered by the learned Judicial Magistrate, First Class, Ghodegaon for the offence punishable under Section 138 of the Negotiable Instruments Act on the ground that the complainant failed to prove that the cheque was issued towards a legally enforceable debt or liability. The learned counsel for the applicant points out that the respondent had written a letter on 20-8-2002 categorically 2 APPLN-4763.09 stating that the respondent was issuing a cheque of Rs.6,79,640/- bearing No.720409, dated 27-8-2002 as full and final payment. The learned counsel for the respondent states that leave may be granted and appeal may be admitted. In view of this, leave granted. Appeal admitted. Call for the R & P.. Action under Section 390 of Cr.P.C. to follow. The application accordingly stands disposed of. (R.C. CHAVAN, J.)