1 appln 2683 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2683 OF 2010 Deepak Ramchandra Kamble .. Applicant. -versus Vinod Dhanpal Koli and anr .. Respondents. Mr. H. Deshinge i/b Mr. Vijay Killedar, for the Applicant. Mr. Ganesh Bhujbal, i/b Mr. Nagesh Chavan, for RespondentNO.1 Mrs. M.M. Deshmukh, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 29th July, 2011 P.C. 1. This is an application for leave to file appeal against judgment of acquittal of the respondent No.1, for the offence punishable under Section 138 of the Negotiable Instruments Act, rendered by the learned J.M.F.C. Sangli. The accused did not dispute having issued a cheque for Rs.20,000/- after settlement of earlier litigation. This cheque was issued on 20th October, 2007. The cheque was dated 20th January, 2008. But before that date the accused claims to have repaid Rs. 18,000/- and the complainant had agreed to return cheque after the balance of Rs.2,000/- was received. But the cheque was presented for realization. The accused had placed on record the receipts signed by the complainant acknowledging 2 appln 2683 of 2010 sum of Rs.18,000/-. Though the complainant had denied his signature thereon, the learned Magistrate examined receipt alongwith several other documents on record and found that the signature on the receipt resembles that of the complainant. Learned Magistrate held the accused need not prove the defence to be taken and it is enough for him to make his defence probable and therefore proceeded to acquit the accused. No fault can be found with the view taken by the learned Magistrate. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)