1 Cri-A-994-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 994 OF 2010 IN CRIMINAL APPEAL NO. OF 2010 Shri Balaji Nagari Sahakari Pat Sanstha Ltd. .. Applicant/appellant (Orig. complainant) vs. Shri Baburao Bhupal Karyappa & Anr. .. Respondents (orig. accused) Mr. Uday PWarunjikar,Advocate, for the applicant. Mr.Ashutosh Gole, Advocate for the respondent No.1 . Smt. S.V.Sonawane, APP, for the respondent No.2 - State. CORAM: J.H.BHATIA,J. DATE : 2nd September, 2011. P.C. 1. Heard. 2. The original complainant, which is a Credit Co-op. Society, has filed this application seeking leave to prefer appeal against acquittal in Regular Criminal Case No.105/2003 under Section 138 of the Negotiable Instruments Act by J.M.F.C., Jaysingpur. 3. According to the complainant, one Ajit Suryawanshi had obtained loan of Rs.1,50,000/- from the complainant and he was defaulter. Therefore, 2 Cri-A-994-10.sxw officers of the complainant approached said Ajit Suryawanshi for recovery of money, but he was not having funds with him. At that time, his friend Baburao, who is the respondent No.1-accused, was present. He was also not having funds with him to help Ajit Suryawanshi. According to the complainant, at that time, the accused to discharge the liability of said Ajit Suryawanshi, issued the cheque in question for the amount of Rs.1,35,000/- in favour of the complainant and that cheque was dishonoured and inspite of service of statutory notice, payment was not made. 4. It is an admitted fact that the accused was not a borrower nor he was a guarantor for repayment of the loan obtained by Ajit Surywanshi. It is material to note that Ajit Suryawanshi was examined as a prosecution witness and in the cross-examination, he admitted that the accused had purchased some cement and sand from him and the accused had handed over a blank cheque to Ajit Suryawanshi with an understanding that as soon as the payment towards price of cement and sand would be made, the cheque would be returtned to him. The price was actually paid. However, said Ajit Suryawanshi had handed over that blank cheque to the complainant without any instructions from the accused. In view of this, there is no evidence to show that the accused had issued the cheque in favour of the complainant in discharge of its liability. It appears to be a case where a 3 Cri-A-994-10.sxw blank cheque issued by him was misused. 5. In view of the above facts and the evidence on record, it is impossible to come to conclusion that the order of acquittal is per-se wrong or perverse. Therefore, I do not see any valid reason to grant leave to prefer appeal. 6. Therefore, the application stands dismissed. (J.H.BHATIA,J.)