IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2992 OF 2006 Shri Mulchandbhai V.Patel & Anr. )..Applicants Versus Shri Rajan Sharma & Anr. )..Respondents ---- Mr.Ramesh Jain for the applicants. Mr.R.S.Deshpande for respondent no.1. Mrs.A.A.Mane APP for the State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 18.9.2008. PC 1. This is an application for leave to appeal. The accused has been acquitted for the offence punishable under Section 138 of Negotiable Instruments Act. On perusal of the impugned judgment and order, I find that the acquittal is based on cogent and acceptable reasons. It is the grievance of the applicants that they sought to produce a letter of assurance which was an evidence to prove their case that the accused had agreed to accept an amount of Rs.3,25,000/- which was the settled amount in respect of the dues payable by the accused to the complainant. A grievance was made that the said letter was not allowed in the evidence. On perusal of the letter, I find that the amount mentioned therein is towards repayment of the : 2 : friendly loan. In the complaint the complainant has not mentioned any grant of friendly loan. In insolvency petition, motion was taken out for annulment of proceedings. That was allowed on 1.7.2003. A letter of assurance does not mention any date. The reason for giving of the cheque is completely different than the reason as contained in the complaint. In my view, not a fit case to interfere in an appeal against acquittal. Hence, leave refused. Consequently appeal papers to be filed. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)