/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1262 OF 2008 Girish Satyanarayan Jakedia ...Applicant Vs. Samir Yasin Khan & Anr. ...Respondents --- Surel S. Shah for Applicant Shri D.P. Adsule, APP for State --- CORAM: V.M. KANADE J. DATED: 28TH NOVEMBER, 2008 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned Counsel for the State. 2. The Applicant is the Original Complainant, challenging the judgment and order passed by the Trial Court whereby the Respondent was acquitted for the offence punishable under section 138 of the Negotiable Instruments Act. 3. The learned Counsel appearing on behalf of the Applicant has pointed out the judgment and order passed by the Trial Court. In the present case, admittedly the amount which was due and payable to the Complainant was Rs.1,29,541.35 towards consideration of the goods supplied to the Respondent Accused. The Trial Court has noted that the cheque was for an amount of Rs.1,43,230/- and, therefore, the said amount was more than the amount due on the date on which the cheque was presented. The Trial Court, therefore, came to the conclusion that the said cheque cannot be said to be drawn towards the discharge of either the loan or part of any debt or liability under section 138 of the Negotiable Instruments Act and, therefore, the said provision was not attracted in the instant case. / 2 / 4. In my view, there is no infirmity or illegality in the findings recorded by the Trial Court. Therefore, no case is made out by the Applicant for grant of leave. Leave is refused. Appeal does not survive. V.M. KANADE J.