-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1774 OF 2008 IN CRI. APPEAL NO. OF 2008 Shri Kutty Poojari .. Applicant/Appellant. V/s. State of Maharashtra & Ors. .. Respondents. --- Mr.J.S.Kini i/by Suresh Dubey for the Applicant. Mr. Y.M.Nakhawa APP for the State. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 13th JANUARY, 2009. DATED : 13th JANUARY, 2009. DATED : 13th JANUARY, 2009. P.C.: P.C.: P.C.: . Heard Mr.Kini, learned counsel for the applicant and learned APP for the respondent no.1 State. None appears for the respondent no.2 though served. The service affidavit is filed to that effect. 2. The applicant filed complaint under section 138 of the Negotiable Instruments Act. In all three cheques were issued by the respondent no.2 in favour of the applicant-complainant. The said cheques were dishonoured and therefore, after completing the legal formalities, the above said complaint under section 138 of the Act -: 2 :- came to be filed. 3. By the impugned judgement and order the complaint of applicant is dismissed mainly on the ground that the debt was not legally enforceable at the time of issuance of the cheques and the cheques were issued after expiry of 3 years from the date of the loan. This issue is covered by the judgement of the learned single Judge of this Court in the case of Narendra V. Kanekar vs. The Narendra V. Kanekar vs. The Narendra V. Kanekar vs. The Bardez Taluka Co-op. Hsg. Martgage Society Ltd., Bardez Taluka Co-op. Hsg. Martgage Society Ltd., Bardez Taluka Co-op. Hsg. Martgage Society Ltd., reported in 2006 Criminal Law General 3111, reported in 2006 Criminal Law General 3111, reported in 2006 Criminal Law General 3111, wherein it is observed that a promise to pay in writing as per Section 25(3) of the Indian Contract Act, 1872 matures into an enforceable contract, which can be enforced by filing a civil suit. If a suit could be filed pursuant to a promise made in writing and signed by the person to be charged therewith, as contemplated by clause (3) of section 25 of the law of contract, then, the debt becomes legally enforceable and if a cheque is given in payment of such debt is dishonoured and subsequently, the statutory notice is not complied with, then the person making the promise in writing and issuing the cheque, would be liable to be punished under section 138 of the Act. -: 3 :- 4. In view of the above observations, a case for grant of leave to file appeal is made out. Leave is granted. Application is disposed of and the Appeal is admitted. (R.V.MORE,J.) .....