-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 3423 OF 2007 APPLICATION NO. 3423 OF 2007 APPLICATION NO. 3423 OF 2007 Mr. Satesh H.Chandiramani : Applicant v/s Shri Balu BabanKharabi and anr : Respondents V.V.Purwant for applicant M.H. Mhatre A.P.P. Coram : R.S. Mohite,J Date:10.7.2008 P.C. . This is an application for grant of leave to appeal. I have perused the impugned judgment and order the acquittal is for an offence punishable under section 138 of Negotiable Instrument Act. The Accused was a guarantor for the transaction between one Sadashiv and mother of the complainant. The original transaction was in respect of loan of Rs. 7 lakhs. The accused is said to be guarantor. The complainant mentioned an agreement of guarantee. The same is never produced at the trial. The defense of the accused was that the blank cheque had been given at the time of original transaction and this was filled in by the complainant. This case has been accepted. The defense of the accused is accepted as probable. It is mentioned that the complainant has not produced any document to show the existence of the original guarantee. In my view the view is taken is possible -2- view and this not fit case for interference in an appeal against acquittal. Hence leave refused. Appeal papers to be filed. (R.S. Mohite, J)