IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1325 OF 2006 SHANKAR NIVRTUTTI KATHE ..APPLICANT V/S VATSALA UTTAM KALAMKAR & ANR. ..RESPONDENTS SHRI SANJIV A. SAWANT FOR APPLICANT. MS. ALPA T. JHAVERI - APP FOR STATE. CORAM: V.M. KANADE, J. CORAM: V.M. KANADE, J. CORAM: V.M. KANADE, J. DATE : 6TH FEBRUARY, 2008. DATE : 6TH FEBRUARY, 2008. DATE : 6TH FEBRUARY, 2008. P.C. 1. Heard the learned counsel for the Appellant and learned APP for the State. The Appellant is challenging the order passed by the J.M.F.C., Nashik, whereby the learned Magistrate was pleased to acquit the Respondent/Accused for the offence punishable under section 138 of the Negotiable Instruments Act. The case of the complainant is that the Respondent has issued a cheque of Rs. 60,000/- which was dishonoured after it was deposited in the bank. Thereafter a statutory notice was issued. However no response was given by the Respondent/Accused. Thereafter the complaint was filed. 2. It is submitted on behalf of the Applicant that the trial court has erred in relying on the evidence of the defence witnesses namely Shri Anil Pardesi and Shri Uttam Kalamkar. 3. I have perused the impugned judgment and order passed by the trial court. The trial court after scrutinising the evidence on record has come to the conclusion that the accused has rebutted the presumption which was raised under section 139 of the Negotiable Instruments Act. The defence witness Uttam has stated in his evidence that the cheque was issued as a security for the amount of loan which was given by the complainant to the accused. Both the witnesses have stated that the loan was repaid. Trial court has accepted this evidence. No case is made out for grant of leave to file Appeal. Leave is refused. --- (V.M. KANADE, J) (V.M. KANADE, J) (V.M. KANADE, J)