1 APPLN-4492.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.4492 OF 2010 Digambar Narayan Wandre .... Applicant Vs. Ananda Bhiva Jadhav & Anr. .... Respondents Shri N.V. Bandiwadekar for the Applicant. Ms M.M. Deshmukh, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: JUNE 29, 2011 P.C: This is an application for leave to file appeal against the judgment of acquittal of the respondent recorded by the learned Judicial Magistrate, First Class, Nasik. The applicant entered into a transaction in respect of a flat at Thane with the accused. The accused was to pay a sum of Rs.4,60,000/- towards consideration. Out of this amount, a sum of Rs.60,000/- was paid from time to time in cash. Cheque of Rs.3,90,000/- was given, which bounced and which has led to filing of the complaint. The learned Magistrate observed that the balance of Rs.3,90,000/- was to be 2 APPLN-4492.10 paid at the time of execution of sale deed which has not been executed as yet. Therefore, there was no occasion for presenting the cheque. The learned counsel for the applicant graciously made available for my perusal the cross-examination of the complainant where the complainant admitted that the amount was to be paid at the time of execution of the sale deed. Therefore, no fault can be found with the reasoning recorded by the learned Magistrate that the cheque did not pertain to a debt or a legally enforceable liability. Leave refused. Appeal dismissed. (R.C. CHAVAN, J.)