1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.2586 of 2009 IN Criminal Appeal No. of 2009 Arjunchandra S. Chauhan .. .. Applicant v/s. Shri Gokul Kisan Gaikwad & anr. .. Respondents Mr.A.S. Chauhan, Applicant in person. Mr.S.A. Sawant for Res.No.1. Mrs.A.A. Mane, APP for State. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 26th November 2009 P.C. : 1.This is an Application for leave to appeal the order of acquittal passed by the learned Judicial Magistrate, First Class, Ulhasnagar, dated 6.12.2008, dismissing the complaint of the Applicant filed under Section 138 of the Negotiable Instruments Act, upon a dishonoured cheque of Rs.10 Lakhs. 2.The cheque was given pursuant to an Agreement for sale of the land claimed by the Applicant. The Agreement for sale was followed by a Development Agreement, a Power of Attorney and a Possession Receipt. There has been a civil litigation between the parties. These 2 documents have been set aside in a Suit filed by the Applicant. The very transaction for which the cheque came to be issued, came to an end. 3.Of course, there are statutory Appeals filed from that judgment. What has to be seen is whether upon the case of the Applicant that the contracts stood cancelled, the liability under the cheque previously given would still persist or that the Applicant would be able to legally enforce his right under that cheque. 4.In view of the civil transaction between the parties, which came to an end, the learned Judicial Magistrate has rightly considered that there is no enforceable debt. 5.Leave to Appeal is refused. (SMT.ROSHAN DALVI, J.)