1 appln 2771 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2771 OF 2010 M/s Ramanjaneya Leasing & Finance (P) Ltd. .. Applicant. -versus The State of Maharashtra and anr .. Respondents. Mr. J. K. Hegde, for the Applicant. Ms. Jyoti Menon i/b M. Janardhanan for respondent No.2. Mr. J. P. Kharge, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 6th June, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of the respondent recorded by the learned Metropolitan Magistrate, 43rd Court, Borivali, Mumbai for the offence punishable under Section 138 of the Negotiable Instrument Act. A complaint was in respect of a cheque dated 25th July, 2005. On the same day accused had issued a notice to the complainant in respect of an incident dated 16th June, 2005, when cheques were allegedly forcibly taken from the accused. This notice dated 25th July,2005 finds no reference in the complaint, but in the evidence in cross examination, witness examined on behalf of the complainant admitted that the accused had issued one notice to the complainant dated 2 appln 2771 of 2010 25th July, 2005. The learned Magistrate, therefore, must be held to have rightly concluded that there could be no occasion for the accused to issue notice to the complainant which complainant did not even bother to reply or refer to in the complaint. Since the findings recorded by the learned Magistrate are not perverse or improbable, no interference is called for. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)