1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1668 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 Mr.Sandeep Balkishan Jindal ..... Applicant (complainant) vs. Mr.Jatin H. Shah & State ..... Respondents Mr. Bipin Joshi,Advocate for applicant. Mr. Jatin H. Shah, Advocate for respondent no.1. Mr. S.A. Shinde, APP for State. Coram : Smt. R.P.SondurBaldota, J. Date : 3rd August 2009. PC : 1. This application is filed for leave to prefer an appeal against the order of acquittal dated 11th February 2009 in the complaint filed by the applicant under Section 138 Negotiable Instruments Act. The acquittal was on the ground that the cheques in question were not issued towards legally enforceable debt. The respondent no.1 is the original accused. 2. According to the applicant, the cheques were issued in discharge of liability under the agreement dated 6th June 2009. A copy of the agreement was produced before the trial Court. It shows that the agreement is between the Company by name Sahil Impex Company and the respondent no.1 for transfer of the company. Perusal of the agreement shows that it nowhere states that the cheques in dispute were towards the consideration of 2 transfer of the company and were handed over to the applicant herein. It has been the claim of the applicant that he was the Director of the company, the other Director being his mother. However, undisputedly the applicant had resigned from the Directorship on 5th June 2001. In these circumstance, he could not have entered in the M.O.U. to transfer the company on 6th June 2001. The learned Metropolitan Magistrate rightly arrived at the conclusion that the applicant failed to establish that the cheques were issued in discharge of the legally enforceable debt. Hence, the order : O R D E R (i) Leave is refused. (ii) The Criminal Application No.1668 of 2009 is disposed off. In view of the refusal of the leave, the Criminal Appeal does not survive and the same is accordingly dismissed. (Smt.R.P.SondurBaldota,J.)