IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2612 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 Vikas Dhanpal Morche )..Applicant Versus Balkrishna Gundu Jadhav (Kamble) )..Respondents & Anr. ---- Mr.Rahul P.Walvekar for the applicant. Mrs.R.M.Gadhavi APP for the State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 27.08.2008. PC 1. This is an application for leave to appeal. The applicant has been acquitted for an offence punishable under Section 420 of IPC. On reading the complaint, there is no clear averment that the intention was fraudulent from the very beginning. The Court has taken a view that mere default on the agreement does not ipso-facto amount to an offence of cheating. The view taken is a possible view. Therefore, not a fit case to interfere in an appeal against acquittal. Leave refused. Consequently, appeal papers to be filed. Application stands disposed off. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)