IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2483 OF 2006 IN CRIMINAL APPEAL NO. OF 2006 Dattatraya Us Todani Ani Wahatuk ) Sahakari Sanstha )..Applicant Versus Popat Sahadu Bhor & Anr. )..Respondents ---- Mr.U.B.Nighot for the applicant. Mr.S.R.Page for respondent no.1. Smt.A.A.More APP for the State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 20.08.2008. PC 1. This is an application for leave to appeal. The accused has been acquitted of an offence punishable under Section 138 of Negotiable Instruments Act. On perusing the impugned judgment and order, I find that the same is based on cogent and acceptable reasons. The case of the complainant in the complaint was that he had advanced Rs.7 lakhs. In the evidence he changed this figure to Rs.8,48,689/-. In the complaint the balance amount was Rs.6,80,109/-. On his own clarification the Court concluded that the outstanding amount should have been Rs.5,48,137/-. The cheque in question was for the amount of Rs.6,80,109/-. The statement of : 2 : account was not produced during the evidence but was produced at the stage of arguments. The same also indicated that certain entries after issuance cheques were taken into account while arriving at the figure of Rs.6,80,109/-. The Court has concluded that the blank cheque should have been in possession of the complainant. In my view, this is not a fit case to interfere in an appeal against acquittal. Hence, leave refused. Consequently appeal papers to be filed. Application stands disposed off. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)