IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.3819 of 2006 In Criminal Appeal No.519 of 2008 (Dattatraya s/o Krushnarao Pitale v. M/s. Trimurti Bricks Manufacturing Co. and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.A. Mohta, Advocate, holding for Shri R.L. Khapre, Advocate, for Applicant. Coram : R.C. Chavan, J. Dated : 16th January, 2009 This is an application for leave to file appeal against the judgment of acquittal rendered by the learned 4th Joint Civil Judge, Junior Division and Judicial Magistrate First Class, Nagpur, whereby the learned Magistrate acquitted the non-applicants of offence punishable under Section 138 of the Negotiable Instruments Act. The case had been filed on the basis of dishonour of cheque of Rs.1,50,000/-. It is not in dispute that only a sum of Rs.60,000/- has been advanced by the applicant. The applicant had also stated that there was no agreement for payment of interest. The learned counsel for the applicant now seeks to place reliance on Section 80 of the Negotiable Instruments Act to argue that when no rate of interest is specified, the interest shall be leviable at the rate of 18 per cent per annum. The contention of the learned counsel for the applicant about presumption in respect of negotiable instrument is undoubtedly correct, but that presumption stood rebutted on the admission of the complainant himself that only a sum of Rs.60,000/- was advanced and there was no agreement for payment of interest. Therefore, a cheque of Rs.1,50,000/- was rightly held by the learned Magistrate to be not for a legally enforceable liability. As far as the the question of compensation is concerned, that question would arise only after there is a dishonour. Therefore, compensation could not be a component of the amount of cheque. The view taken by the learned Magistrate is perfect and does not call for interference. Leave is refused. Appeal is dismissed. Judge. pdl