:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.8014 OF 2005 Mr. Pankaj R. Raval. ..Applicant. Vs. Prakash N. Swaminaryanan and anr. ..Respondents. Mr.S.I. Menon for the Applicant. Mr.Girish Kulkarni i/by M.V. Kini & Co. for the Respondent No.1. CORAM: R.S. MOHITE, J. DATE : 26th August, 2008 P.C. P.C. P.C. 1. This is an application for leave to file appeal. On hearing both the sides and perusing the record, I find that the acquittal is based on cogent and acceptable reasons. The accused was acquitted for offence U/s.138 of the Negotiable Instruments Act. The cheque in question was dated 2.1.2004 and the same was for an amount of Rs.6/- lacs. At the stage of trial, the earlier document dated 5.11.2003 being a promissory note for six lacs was produced on behalf of the accused. The accused had also produced a notice dated 20.12.2003 given by him indicating that the cheque of Rs.6/- lacs as regards the transaction had been held back. It is only after receipt of this notice that cheque dated 2.1.2004 was presented in the bank. It appears that in the complaint there is a mention of the letter of the accused dated 20.12.2003. There are no details :2: given of any other transaction. No material has been brought on record even at the evidence stage. In the circumstances, the view taken by the trial court is possible view. Hence, leave refused. Consequently the appeal papers to be filed. (R.S. MOHITE, J.)