IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3108 OF 2008 (FOR LEAVE TO APPEAL) Sudarshan Industries, Musalgaon .....Applicant V/s. Shri.Bhaskarrao Madhavrao Wagh ....Respondent ==== Mr.Niranjan Mundargi,adv.for applicant. Mr.S.M.Sabrad, adv.for respondent no.1. Mr.Y.S.Shinde, APP for State. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 29TH JULY, 2009. P.C. :- 1. Heard counsel for both sides. 2. This application is filed for leave to file an appeal against the judgment and order dated 28th April, 2008 passed by the Learned Judicial Magistrate First Class, Taluka.Sinnar acquitting respondent no.1 in Summary Case No.542 of 2005 for the offences punishable under Section 138 of the Negotiable Instruments Act. The order of acquittal was based on two grounds, firstly that there was no authority given to P.W.No.1 to file the complaint and secondly that the complainant had failed to establish that the cheque in question was issued towards the discharge of legal liability. 3. The complainant a partnership firm, had claimed that there was transaction of sale of corrugated boxes between it and respondent no.1 and the cheque in dispute was issued towards the price of goods sold. Apart from cross-examining the prosecution witnesses, respondent no.1 examined himself to establish that there was no transaction of sale between him and the complainant. Thereafter, there is no evidence brought before the court by the complainant to establish legal liability towards the discharge of which the cheque was issued. 4. I have perused the impugned judgment. It correctly arrives at the findings of acquittal based on the material on record. There is no error or illegality in the order impugned. Hence leave is refused. The Criminal Application is dismissed. In view of refusal of leave, the Appeal is dismissed. [SMT.R.P.SONDURBALDOTA, J]