1 Appln 2905-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2905 OF 2010 Abdul Razak Chane Chaudhary .Applicant V/s. Deepak Pandurang Pawar & anr. .Respondents Mr.R.U.Singh, Advocate, for the Applicant Mrs.A.S.Pai, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 1ST JULY, 2011 P.C. . Heard the learned Counsel for the respective parties. This is an application for leave to file an appeal against acquittal of respondent No.1 ordered by the learned Metropolitan Magistrate, 43rd Court, Borivali, Mumbai, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of three cheques of Rs. 6,00,000/- each issued by respondent No.1 in favour of the applicant. It is the applicant's case that the applicant had agreed to purchase the property from respondent No.1 - accused for a sum of Rs.29,00,000/-. The 2 Appln 2905-2010 deal did not materialize. Ultimately and strangely a compromise was reached in the Malad Police Station where the accused wrote three cheques of Rs.6,00,000/- in favour of the applicant which were eventually dishonoured and therefore, complaint was filed. The learned Magistrate held that there was nothing to show that any amount was actually paid by the applicant to the accused causing the accused to issue cheques towards any legally enforceable liability or debt. The learned Counsel for the applicant in course of argument on instructions from the Complainant, who is possibly present in Court states that the Complainant had filed a suit in Civil Court at Mumbai to seek possession of same property. It is like attempting to have cake and eat it too. View of the learned Magistrate cannot be faulted. Leave refused. Appeal dismissed. (R.C.CHAVAN, J.)