1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1332/2009 Maruti Sitaram Bombale Applicant Vs. Suwarna Nutan Adsulkar & Anr. Respondents Mr.Rupesh Bobade for the applicant Mr.Y.M.Nakhawa APP for the State Coram: Mrs.Mridula Bhatkar,J. Date : 6th April,2009. P.C. . This application is for leave u/s 378 (4)of the Code of Criminal Procedure to file appeal against the judgment dated 11/11/2008 passed by the Judicial Magistrate,F.C.Mangaon in Criminal Case no.40/2007 by which the accused is acquitted u/s 255 (1) of Cr.P.C.. 2] The applicant i.e.the original complainant has filed private criminal complaint against the accused on 12/1/2007 u/s 138 of the Negotiable Instruments Act . As per the allegations in the complaint the accused has issued cheque of Rs.7,90,000/-. 2 3] The complainant has deposed that there was an agreement to pay Rs.14,56,800/- for the reconstruction of the house of the accused. 4] In the original complaint there is no whisper of such agreement of Rs.14,56,800/-.The trial Judge in the judgment has discussed the admissions given by the complainant about payments made by the accused totaling Rs.5,50,000/-.Thus,these admissions destroyed the case of the complainant of the liability of Rs.7,90,000/- Further the learned trial Judge has also assessed in the evidence that the complainant had admitted the fact that the complainant has handed over blank cheque with her signature and date and name of the complainant as well account number was filled in by the bank manager and the son of the accused has written the amount on the cheque. Thus,the order of acquittal passed by the trial Court is legal and the complainant could not point out any illegality therein. 5] Thus, the appreciation and the finding of the learned J.M.F.C.appears sound. At the time of submission the learned advocate for the applicant is not in position to show to this Court that there is grave and substantial injustice caused by the judgment of the trial Court. Hence I find no ground to grant leave to file appeal . The application stands rejected. 3 (Mrs.Mridula Bhatkar,J.)