1 appln 354 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.354 OF 2011 Hasmukh N Magia .. Applicant -versus Mr. P. Muthukumar and anr .. Respondents. applicant in persons Mrs. U. V. Kejariwal, APP for the Respondent State. Mr. A.J. Uniyad for respondent No.1. CORAM: R.C. CHAVAN, J. DATED: 17th June, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of respondent No.l Muthu Kumar rendered by the Additional Sessions Judge, Greater Bombay, in an appeal against conviction recorded by the learned Metropolitan Magistrate, 44th Court, Andheri. The cheque in question was not drawn by Muthu Kumar. It was drawn by R. Muthu the sole Proprietor of a proprietary concern. Mainly because Muthukumar possibly signed undertaking dated 15.2.2008, the applicant original complainant wants present respondent No. 1 Muthu Kumar to be punished. Since Muthu Kumar was not the drawer of the cheque and was also not concerned with proprietary concern, there is no question of Muthu Kumar of 2 appln 354 of 2011 facing any liability. There is no error in the judgment of the learned Sessions Coiurt. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)