1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR . CRIMINAL APPLICATION NO.3667 OF 2008 in Criminal Appeal No. 716 of 2008 M/s Ashutosh Trading Company, Akola VS Kishor Tapadiya, Prop. Narayan and Co., Akola ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr.O.Y.Kashid, Advocate for the applicant. CORAM : A.H.JOSHI, J. DATE : 14th JUNE, 2010. 1. Heard Mr. O.Y.Kashid, learned Advocate for the applicant. 2. According to the appellant :- a] The cheque issued by the accused was post dated cheque for a sum of Rs.49,366.80 (Rupees Forty nine thousand three hundred Sixty Six and eighty paise). It was towards the payment of transaction of sale of safflower seed, has been dishonoured. b] The payment was not made inspite of service of notice. 3. The accused had denied liability contending that goods were not delivered actually. 2 4. In the background of denial of liability, the complainant was required to prove the facts namely, sale of goods and delivery and thereby prove enforceable civil liability of accused and the recoverable debt thereunder. 5. Admittedly, no evidence has been brought by the appellant to prove these facts. 6. The impugned judgment is based on the facts as proved on record and is supported by sound reasoning. It needs no interference. 7. The criminal application and appeal is rejected being without any merit. Judge //Diwale//