- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.717 OF 2007 APPLICATION NO.717 OF 2007 APPLICATION NO.717 OF 2007 Shivdhani Nanusingh Yadav ...Applicant vs. Indrajit Ramashraya Shukla and Anr. ...Respondents Mr.Kishore Patil i/b Mr.R.M.Joshi for the applicant Mr.P.A.Pol A.P.P. for State Mr.Nitin Mulye for the 1st respondent. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 6,2009 : MARCH 6,2009 : MARCH 6,2009 P.C.: P.C.: P.C.: 1. Heard the learned A.P.P for the applicant. This is an application under sub section 4 of section 378 of the Code of Criminal Procedure,1973. The applicant is the complainant who filed a complaint against the first respondent alleging commission of offences under section 138 of the Negotiable Instruments Act,1988. 2. The learned Trial Judge has recorded a finding that the cheque was presented for encashment after its validity period expired. The date of cheque on which the complaint is based is 22nd December 2004. The finding of fact recorded by the learned Judge is that the cheque was presented for encashment on 22nd June 2005 and the validity period had expired on 21st June 2005. 3. In view of this finding which is borne out from the record, the learned trial Judge has rightly passed an order of acquittal. No case is made out for grant of leave. Application is rejected. - 2 - JUDGE JUDGE JUDGE