1 APPLN-719.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.719 OF 2011 Natawarlal Ramnarayan Maniyar .... Applicant Vs. Shri Deep Publication & Anr. .... Respondents Shri Vijay Killedar for the Applicant. Ms M.M. Deshmukh, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: AUGUST 12, 2011 P.C: This is an application for leave to file appeal against the acquittal of the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act ordered by the learned Judicial Magistrate, First Class, Jaysingpur on the ground that the applicant had not produced his income-tax and sales tax returns and that the liability of the accused is unaccounted money. Unaccounted money does not in itself become a legally unrecoverable debt. The question as to whether failure to indicate cash transaction to the income-tax authorities would make the 2 APPLN-719.11 transaction improbable is one of fact and there cannot be any proposition of law that because some transaction is not reported to the income- tax authorities, the amount becomes unrecoverable. It would be for the income-tax authorities to take appropriate action under Section 271D of the Income-Tax Act. In view of this, leave granted. Appeal admitted. Call for the R & P.. Action under Section 390 of Cr.P.C. to follow. The application accordingly stands disposed of. (R.C. CHAVAN, J.)