1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No.3718 of 2006 In Criminal Appeal No.645 of 2006 (Madhukar s/o Ganpatrao Kuchankar v. Vitthalrao s/o Bapurao Tonge and another) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri V.R. Mundra, Advocate for Applicant. APP for Respondent No.2/State. CORAM : R.C. Chavan, J. DATE : 8th October, 2008 Heard the learned counsel for the applicant, and the learned Additional Public Prosecutor for the non-applicant/State. This is an application for leave to appeal against the judgment of acquittal rendered by the learned Judicial Magistrate First Class, Wani in Summary Criminal Case No.1266 of 2005, whereby the learned Magistrate acquitted the respondent of offence punishable under Section 138 of the Negotiable Instruments Act, holding, amongst other things, that the transaction in question, which gave rise to issuance of cheque by the accused was in fact entered into with the son of the accused, implying that the cheque was issued by way of security. The learned counsel for the applicant was good enough to make available for my perusal a copy of deposition of complainant, wherein the 2 complainant had specifically admitted that the son of the accused had purchased for him 47 quintals and 3 kilograms of Soyabean. Therefore, obviously the amount was required to be paid by the son of the accused and not by the accused himself. Therefore, issuance of cheque by the accused towards the balance of Rs.40,417/- after adjusting the payment of Rs.69,000/- made by the son of the accused was obviously towards the dues payable by the son of the accused and not by the accused himself. Thus the view taken by the learned Magistrate cannot be said to be untenable or perverse and, therefore no interference is called for. Consequently, leave to appeal is refused. JUDGE Lanjewar