1 Farad Continuation Sheet No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR. CRI.APPLICATION NO. 636 OF 2009 IN CRI.APPEAL NO. 95 OF 2009. (SAU. SHOBHA HIMMATRAO GADE @ GALE Vs. SMT. PUSHPABAI VASANTRAO SHETE) ________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri M.K.Pathan., Advocate for applicant. CORAM : R.C.CHAVAN, J. DATED : MARCH 31, 2009. 1. By this application the original complainant seeks leave to file appeal against judgment of acquittal, rendered by learned Judicial Magistrate First Class 5th Court, Amravati, for the offence punishable under Section 138 of the Negotiable Instruments Act. 2. The learned Magistrate held that the applicant, who was a mere labourer and did not have any source of income could not have advanced a sum of Rs.Fifty Thousand on 05.02.2007. The extract of bank account of the applicant, which is made available for my perusal by the learned counsel for he applicant, does not 2 show that on 05.02.2007 any such amount was withdrawn by the applicant for being paid to the accused. 3. In view of this, it cannot be said that the view taken by the learned trial Magistrate was perverse or erroneous. Leave refused. Appeal dismissed. JUDGE RR.