1 (902) Appln 3979/09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Amk CRIMINAL APPLICATION NO. 3979 OF 2009 M/s. Grind Tools .. Applicant Vs. Chandrakant Raghunath Jadhav & Anr. .. Respondents Mr. J. B. Kocheta for the Applicant. Mrs. Leena Patil for Respondent No.1. Mrs. M. M. Deshmukh, APP for the Respondent State. CORAM : MRS. ROSHAN DALVI, J. Date : 26th April, 2011. P.C. The criminal complaint has been filed under Section 138 of the Negotiable Instruments Act upon a cheque of Rs.50,000/- given for the last part payment to be made for a machine which was sold and delivered. At the time of placing of the order itself a large part of the payment was made. The machine was inspected. It was delivered. Soon thereafter it was found to be defective. Upon the cheque being dishonoured, the Complainant sent the notice of demand. Before the notice of demand reached the accused, the accused has sent his own notice setting out 3 specific defects in the machine despite the demonstration at the factory of the Complainant. In view of this, the impugned order cannot be faulted and leave to appeal cannot be granted. However Rs.50,000/- has been deposited in the Court of Civil Judge Senior Division, Pune. Advocate for the Applicant/Complainant states that that amount may be allowed to the Complainant in full and final settlement by the accused. That can be 2 (902) Appln 3979/09 allowed only if and after the machine is repaired. Conditional offer of repair cannot be accepted. Leave to appeal is, therefore, refused. (ROSHAN DALVI, J.)