(1) (901) Appln 4075/09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Amk CRIMINAL APPLICATION NO. 4075 OF 2009 Chandrakant Kashinath Janjire .. Applicant Vs. Udaysingh Virsenrao Gaikwad & Anr. .. Respondents Mr. Vilas B. Tapkir for the Applicant. Mrs. M. M. Deshmukh, APP for the Respondent State. CORAM : MRS. ROSHAN DALVI, J. Date : 29th April, 2011. P.C. This is an application for leave to appeal against the acquittal of Respondent No.1 in a criminal prosecution under Section 138 of the Negotiable Instruments Act. The cheque which came to be dishonoured was not given for the legally enforceable liability in as much as the Complainant agreed to purchase the land from an owner. Respondent No.1/Accused agreed to take over the land upon payment to the Complainant under the dishonoured cheque. Upon dishonour the oral agreement between the Applicant/Complainant and Respondent No. 1/Accused would come to an end. The agreement between the Applicant/Complainant and the owner would remain alone survive. Hence the acquittal is proper. Leave to appeal is refused. (ROSHAN DALVI , J.)