1 Appln 105-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.105 OF 2011 Pranav Agro Industries Ltd. .Applicant V/s. Padmavati Agro Agency & anr. .Respondents Mr.Pankaj Das, Advocate, for the Applicant Mr.Rajesh More, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 6TH JULY, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for leave to file an Appeal against acquittal of respondent No.1 for the offence punishable under Section 138 of the Negotiable Instruments Act recorded by the learned Judicial Magistrate F.C., Sangli. The Complainant's own witness admitted in his cross examination that the Complainant  firm 2 Appln 105-2011 had the practise of taking cheques by way of security. He also admitted that after the amounts were paid, cheques used to be returned to the accused. He had relied on books of account but stated that he did not have any personal knowledge about transaction. He admitted lack of knowledge about deposit of Rs.77,077/- in cash by the accused when the accused had produced a receipt from the Bank to show that this amount was credited in the account of the Complainant. As if this was not enough, Complainant's own servant one Ambekar was examined by the accused to show that the Complainant followed the practise of taking cheques by way of security. View taken by the learned Magistrate cannot be faulted and it cannot be held that the cheque in question was for any debt or legally enforceable liability. Leave refused. Appeal dismissed. (R.C.CHAVAN, J.) 3 Appln 105-2011