1 APPLN 1323 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1323 OF 2011 IVY Jewellery Pvt. Ltd .. Applicant -versus Shri. Chandresh Sampat .. Respondent. Mr. B. K. Ashok, i/b M/sBekay Legal, for the applicant. Mrs. R. M. Gadhavi, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 8th December, 2011 P.C. 1. This is an application for leave to file appeal against the acquittal of the respondent brother-in-law, of the purchaser, for the offence punishable under Section 138 of the Negotiable Instrument Act, by the learned Metropolitan Magistrate, 48th Court, Andheri, Mumbai. The complainant came with a case that one Dhaval Bhat purchased the jewellery of the total amount of Rs.22,74,240/- and paid Rs. 12,71,260/-. For the balance payment of Rs.10,02,980, the accused took up liability of Dhaval Bhat and agreed to pay this amount through different cheques. The learned Magistrate held that the complainant had failed to prove the existence of legally enforceable liability on the part of the accused. Learned counsel for the applicant, relied on the case reported in ICDS Ltd -vs- Beena Shabeer & another, (2202) 6 SCC 2 APPLN 1323 OF 2011 426. There is no bar for a person to take up the liability for another and to issue cheques. Merely because a person assumes the liability for someone else, it does not cease to be legally enforceable liability. Leave granted. Admit. Call for Record and Proceeding Action under Section 390 of Code of Criminal Procedure Code. (R. C. CHAVAN, J.)