1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No.3341 of 2008 In Criminal Appeal No.648 of 2008 (Manish Sureshkumar Valechha v. Sandeep Ashokkumar Ladwani and another) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri G.L. Bajaj, Advocate for Applicant. CORAM : R.C. Chavan, J. DATE : 5th January, 2009 Heard the learned counsel for the applicant. This is an application for leave to file appeal against the judgment of acquittal rendered by the learned Judicial Magistrate First Class, Nagpur, in Summary Criminal Case No.2036 of 2007. The applicant had examined his mother as a witness. His mother had stated in examination-in-chief itself that she was the only person present when the amount was paid to the accused. She had stated in cross-examination that the cheque was obtained from the accused by way of security. The contention of the learned counsel for applicant that the applicant's mother did not know the nature of transaction and it was a mere view expressed by her, cannot be accepted. Whether it is an ignorant view expressed by the 2 mother of the applicant, all the same it is an expression by the applicant's own mother, who was examined by him as his witness. In view of this, the view taken by the learned Trial Magistrate that the complainant had failed to prove that the cheque was issued towards legally enforceable liability, cannot be said to be perverse or untenable. Leave is refused. Appeal stands dismissed. JUDGE pdl