(1) Cri. Application No. 2817 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 2817 of 2011 Navalkishor s/o. Bhagwandas Sarda, Age : 55 years, Occupation : Business, R/o. Market yard, Latur, .. Applicant District : Latur. (Original complainant) versus Annarao s/o. Pandurang Gambhire, Age : 50 years, Occupation : Agriculture, R/o. Karbhandi, Taluka : Udgir, District : Latur. .. Respondent. ....................... Mr. Ganesh P. Shinde, Advocate, holding for Mr. M.P. Gude, Advocate, for the applicant. Mr. S.S. Manale, Advocate, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 1ST DECEMBER 2011 (2) Cri. Application No. 2817 of 2011 COURT'S ORDER : 1. Heard learned respective Counsel for the parties, and also perused the impugned judgment dated 7th March 2011, and record and proceedings. 2. This is an application preferred by the applicant (original complainant) seeking leave to file appeal challenging the judgment and order of acquittal, dated 7th March 2010, rendered by the learned Judicial Magistrate (First Class), Court No.6, Latur, in Summary Criminal Case No. 3065/2006, thereby acquitting the respondent (original accused) for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 3. Learned Counsel for the parties have pointed out that the alleged transaction between the parties was for the amount of Rs. 3,00,000/-, for which the accused allegedly issued two cheques i.e. one cheque for Rs. 1,00,000/- and another cheque for Rs. 2,00,000/-. The defence of the accused is that the complainant obtained five blank cheques and papers signed by the accused and misused the same by filing false complaint. 4. In the said context, both the learned Counsel have (3) Cri. Application No. 2817 of 2011 pointed out that the complainant preferred Criminal Application No. 347/2009 seeking leave to file appeal, in respect of the cheque of Rs. 1,00,000/-, whereas the present Application has been preferred by the complainant, in respect of the cheque of Rs. 2,00,000/-. It is submitted that the Criminal Application No. 347/2009 preferred by the complainant against the accused was rejected by this Court and leave to file appeal was refused by order dated 20th April 2009. Learned Counsel for the respondent has tendered photostat copy of the order dated 20th April 2009, passed in Criminal Application No. 347/2009, and the same is taken on record and marked as document "X". It is submitted that parties in the said application and the parties in the present application are same, and the present application pertains to another cheque of Rs. 2,00,000/-. 5. Since this Court has rejected Criminal Application No. 347/2009 and has refused leave to file appeal in respect of the cheque of Rs. 1,00,000/-, by order dated 20th April 2009, and since present Application pertains to another cheque of Rs. 2,00,000/- between the same parties, present Application also deserves to be rejected, and leave to file appeal also deserves to be refused in the present Application. 6. In the result, present Criminal Application stands (4) Cri. Application No. 2817 of 2011 dismissed and leave to file appeal is refused, and present Application is disposed of accordingly. 7. Record and proceedings be sent back to the concerned court. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/2817ka