1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1844 OF 2008 IN CRIMINAL APPEAL ST.NO.423 OF 2008 Madhukarrao s/o Sakharam Birajdar Applicant Versus Sopanrao s/o Dnyanoba Korhale Respondent Mr.V.D.Patnoorkar, advocate for the applicant. Mr.P.B.Rakhunde, advocate holding for Mr.S.B.Bhapkar, advocate for Respondent. CORAM: R.M.BORDE, J. DATE : 07th July, 2009. P.C.: 1 This is an application seeking leave to file appeal against order of acquittal recorded by Judicial Magistrate, First Class, III Court, Parbhani, on 17.03.2008 in S.C.C. No.42/2006. 2 Complainant has alleged that accused had issued a cheque for an amount of Rs.50,000/- towards cost of building material in favour of the complainant, however, on presentation of the cheque in the bank, same was dishonoured for the reason that accused has not kept sufficient balance in his account. 3 The trial Court, on consideration of the evidence placed on record, has reached a conclusion that the complainant has failed to 2 establish that there is any legally enforceable liability and the cheque was issued in discharge of such liability. The complainant has contended that the cheque was issued towards cost of building material. However, there are no material particulars given as to what type of building material was supplied. There are no receipts placed on record nor any other evidence is led by the complainant to substantiate his contentions. The reasons set out in the judgment are proper and reasonable. Merely because some other view is possible in the facts and circumstances of the case, is not a ground for causing interference in the order of acquittal recorded by the trial Court. 4 Hence, application seeking leave to file appeal against the order of acquittal stands rejected. Consequently, appeal also stands dismissed. (R.M.BORDE) JUDGE ******* adb/criappln184408