303crn3464.08.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APLICATION NO. 3464 OF 2008 AND CRIMINAL APPEAL NO. 673 OF 2008 Atul Baburao Zulkanthiwar Vs. Raju @ Gaju s/o Manohar Kayarkar Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Mr. U. Dable, Adv. for the applicant. Coram : R.C. Chavan, J. Dated : 30th March, 2009 This is an application for leave to file appeal against judgment of acquittal rendered by the Chief Judicial Magistrate, Chandrapur in a case pertaining to offence punishable under Section 138 of the Negotiable Instruments Act. The learned trial Judge held that the applicant has stated that he had advanced a sum of Rs. 90,000/- to the accused in six installments. However, he gave particulars of only four installments which caused suspicion as to the correctness of the story deposed to by the applicant. The applicant has cleverly kept away the copies of 303crn3464.08.sxw 2 deposition of the complainant as also the original complaint itself. The view taken by the trial Judge appears to be proper. It is not perverse and, therefore, does not call for any interference. Leave to file appeal is rejected. Consequently the appeal stands dismissed. JUDGE wwl