1 Appln 480-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.480 OF 2011 Tukaram Parashram Shinde .Applicant V/s. Ashok Hariram Shinde & anr. .Respondents Mr.Ashutosh Gole, Advocate, for the Applicant Mr.Chetan Patil, Advocate, for Respondent No.1 Mr.Rajesh More, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 20TH JULY, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for leave to file an appeal against acquittal of respondent No.1 ordered by the learned Judicial Magistrate F. C., Tasgaon, District Sangli for the offence punishable under Section 138 of the Negotiable Instruments Act. The learned Trial Magistrate accepted the defence of the accused that he had issued a 2 Appln 480-2011 cheque and promissory note in order to accommodate the Complainant, who was himself indebted. The accused had shown that the Complainant was indebted to the extent of Rs. 1,10,000/-. The accused stated that since there were constant demands from the Banks, the accused had issued a promissory note and cheque to accommodate the Complainant. The Complainant could not show that at the time of the alleged advance he had necessary funds with himself. Therefore, the learned Trial Magistrate held that in the context of the Complainant's own indebtness the defence was probablized and acquitted respondent No.1. No fault can be found with the findings recorded by the learned Trial Magistrate. Leave refused. Appeal dismissed. 3. Criminal Application is disposed of. (R.C.CHAVAN, J.)