1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.3379 OF 2009. RAMDAS DASHRATH DOMEWALE VS LAXMI ANAND BUILDERS AND DEVELOPERS THROUGH PROP. ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mrs. S.M.Ambulkar, Advocate H/F Shri S. P. Bhandarkar Advocate for the applicant. Shri Manoj Sable, Advocate for respondent. CORAM : A.H. JOSHI,J. DATE : 19th MARCH, 2010. 1. The complaint filed by the application under Section 138 of Negotiable Instruments Act, has been dismissed. 2. This is an appeal challenging the said order of acquittal. The reasons due to which the acquittal has been ordered is that the complainant has failed to prove beyond reasonable doubt that the cheque subject matter was given towards a transaction with complainant and consequent civil liability. 3. The defence has suggested that the cheque subject matter was given to the brother of the complainant with whom the accused had transaction. The 2 said defence was raised in the cross examination and in the plea taken in the statement under Section 313 of Criminal Procedure Code, and has created doubt about the genuineness of complainant’s story. 4. The Trial Court was bound to scrutinize as to say whether the complainant has proved the case beyond reasonable doubt than as whether the story of defence put forth by the accused was sustained. 5. The reasons assigned by the Trial Court in paragraph no.9 of the judgment are plausible. Judgment impugned is not shown to be perverse. 6. In the result, appeal has no merit and is dismissed. Judge //mule//