(1) (903) Appln 2226/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Amk CRIMINAL APPLICATION NO. 2226 OF 2010 Vasundhara Milk and Agro Foods Pvt. Ltd. .. Applicant Vs. Ganesh Janardhan Yadav & Anr. .. Respondents Mr. Surel S. Shah for the Applicant. Mrs. A. A. Mane, APP for the Respondent State. CORAM : MRS. ROSHAN DALVI, J. Date : 29th April, 2011. P.C. This is an application for leave to file appeal against the order of acquittal. The Applicant/ Complainant is a purchaser of milk from the Respondent No.1/accused. The Complainant has to make payment for the milk purchased. The Complainant claims advance payments were given. There were certain excess amounts paid. For that excess amount, cheque of Rs.1,54,000/- was given by the milkman who supplied the milk. For the repayment of that cheque, the Complainant must show how the advances were given which were in excess of the price of the milk supplied. That alone would constitute the legal liability to pay the amount. That has not been shown. Hence the acquittal is proper. Leave to appeal is refused. (ROSHAN DALVI , J.)