1 (2) Appln 1130/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Amk CRIMINAL APPLICATION NO. 1130 OF 2010 Deepa Jethanand Lalwani .. Applicant Vs. Ramesh Santdas Khilnani & Anr. .. Respondents Mr. A. S. Rao for the Applicant. Mr. Girish Paryani for Respondent No.1. Mrs. A. A. Mane, APP for the Respondent State. CORAM : MRS. ROSHAN DALVI, J. Date : 3rd May, 2011. P.C. 1. The application for leave to file Appeal is from an order of acquittal of the Ld. Sessions Court in a prosecution under Section 138 of the Negotiable Instruments Act. The dishonoured cheque is for the amount mentioned as the amount to be given upon breach of contract between the parties. The agreement dated 31st July, 2004 is admittedly executed by and between the parties. The accused is stated to have breached that agreement. The accused was to construct the flat for which earnest amount was paid. If the accused did not construct within a period of one year, the parties agreed that he would return double the amount of earnest. Earnest amount was 1.5 lacs and the double amount of Rs.3 lacs to be returned is a part of agreement itself. The cheque is for Rs.3 lacs. It would have to be seen whether the admitted agreement constitutes a legally enforceable debt. 2 (2) Appln 1130/10 2. Leave to Appeal is granted. Appeal to come up for admission on 23rd June, 2011. In view of neat question of law involved, it shall be taken up for final hearing at the admission stage. 3. Call for R & P. Issue notice upon Respondent. Applicant to serve by private service. (ROSHAN DALVI, J.)