1 appln 2806 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2806 OF 2010 Navnitrai Bhogilal Mehtra .. Applicant. -versus Jignesh C. Doshi and anr. .. Respondents. Mr. Kishor Bhatia, for the Applicant. Mrs.P. P. Bhosale, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 11th August, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of the respondent No.1, ordered by the learned Magistrate, 28th Court, Esplanade, Mumbai, for the offence punishable under Section 138 of of the Negotiable Instruments Act. According to learned counsel for the applicant there were some earlier transactions with the accused who is his close relative and towards repayment of those amounts borrowed, 12 cheques were given and he has received an amount of Rs. 3,01,600/-. The complaint is in respect of another transaction where the accused took loan of Rs.2,70,000/- and accused signed a receipt as also issued cheque No.494077. The learned Magistrate held that the defence of accused that he had paid sum of Rs.3,01,600/- towards this amount borrowed was probable because there was no whisper of any earlier 2 appln 2806 of 2010 transaction or receipt of payment towards such earlier transactions. The cheque which was dishonoured is in the same series of cheque no.4964063 to 494076, barring cheque Nos 494074 and 494075. These cheques have also been issued from May, 2001 to August, 2001, i.e. after this advance of Rs.2,70,000/- was made. The complainant curiously stated that for advance Rs.2,70,000/- he had obtained receipt from accused on 1.1.2001. It cannot be said that the view taken by the learned Magistrate is perverse or improbable. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)