1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No.361 of 2010 [Hemant Ramchandra Mate Vs. State of Mah. & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. Vandan M. Gakdari, Adv., for the applicant. Mr. S.S. Doifode, APP for respondent no.1. ---- CORAM : A.H. JOSHI, J. DATE : 22nd June, 2010. 1. Heard. 2. This is an appeal against acquittal. 3. The facts, such as the signatures on the cheques, its dishonour, service of notice with deeming effect, are all in favour of complainant. 4. The complainant has examined himself, produced his balance-sheet and Income Tax Return to show that he has shown in his account that he has dues to recover from the accused. 5. The defence of the accused as suggested in the cross-examination was that the accused had given blank cheques to Mr. Upadhye, for 2 defrayal of expenses for his mother’s medical treatment. The said cheques were given by Mr. Upadhye to the complainant for returning to the accused, which complainant did not, and the complainant has misused those and ultimately filed a false case under Section 138 of the Negotiable Instruments Act. 6. Accused has examined himself and one witness Mr. Upadhye in his support. 7. The learned Trial Judge found that existence of enforceable debt recoverable by the complainant from the accused was not proved. Moreover, the defence raised by the accused was considered to be probable. 8. In order to urge that evidence is not correctly appreciated, learned Adv. Mr. Gadkari has taken the Court through the Notes of Evidence placed on record. 9. It is seen that entire material available before the Court was perused and marshaled by the learned Trial Judge. 10. It is evident that no piece of documentary evidence was brought by the complainant to prove the transaction with accused and any other evidence to prove exact dues. It turns out to be a case of oath against oath. 11. Though appeal is filed, it is not shown 3 that the judgment is either perverse or rendered without considering any material on record. 12. The appeal has no merit. Leave is refused. Appeal is rejected. Judge |Hedau|