1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1905 OF 2009 Shridharrao Kisanrao Dahale ..... APPLICANT V E R S U S Ambadas S/o Kashinath Dahiwal .... RESPONDENT Shri. S.R.Dheple, Advocate for Applicant. [ CORAM : R.M.BORDE, J. ] DATE : 22/06/2009 ------------------------------------------------- PER COURT : 1. Heard Shri. S.R.Dheple, counsel appearing for Applicant. This is an application seeking leave to present Appeal against the order of acquittal recorded by the Judicial Magistrate (First Class), Aurangabad on 23/3/2009 in S.C.C. No. 5159 of 2007. 2. The applicant/original complainant contends that his father- in-law has given a cheque of Rs. 50,000/- (Rupees Fifty Thousand only) 2 towards the cost of material, which is alleged to have been sold unauthorizedly by his father-in-law. When the cheque was presented by the complainant in the Bank for realization, the cheque was returned back with an endorsement “ in sufficient funds ”. The complainant issued a notice calling upon the accused/respondent herein to repay the amount. In spite of issuance of notice, the accused did not pay the amount. As such, the complainant was constrained to file complaint. 3. The defence of the accused is of denial. According to him, there was compromise effected between father-in-law and son-in-law. The accused has deposited amount of Rs. 25,000/- (Rupees Twenty Five Thousand only) with the complainant and agreed to pay the balance within 3 months. According to him, he has paid balance amount also. In view of the compromise, according to him, the accused does not owe any amount to the complainant. The trial court accepted the defence raised by accused and directed acquittal of the accused. 4. I have perused the Judgment and Order passed by the trial court. The reasons set out in the Judgment by the trial Court in support of order of acquittal are logical. This is not a case which requires causing interference in the order of acquittal recorded by the trial Court. The 3 application seeking leave to present Appeal, therefore, stands rejected. Consequently, Appeal fails and stands dismissed. [ R.M.BORDE ] JUDGE knp/CRIAPLN1905.09