1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4498 OF 2010 IN CRIMINAL APPEAL NO. OF 2010 M/s Shree Rajasthan Syntex Ltd. ..Applicant. v/s. Mr. Hemandas Phoolwani & Anr. ..Respondents. Mr. Shailesh Kumar, adv. for the Applicant. Smt. P.P.Shinde, APP for the respondent/State. CORAM : J.H.BHATIA, J. DATE : 14th September, 2011 PC : 1 The Original complainant has filed this application seeking leave to prefer appeal against the order of acquittal for the offence under Section 138 of the Negotiable Instruments Act. According to the complainant, the accused/respondent had issued a cheque of Rs. 1,63,317/-. Cheque was dishonoured and in-spite of service of notice, he did not make the payment. Th trial Court noted that the actual amount due from the accused, as per the statement of accounts, was Rs.1,12,641/-. Cheque amount included amount of Rs.50,000/-, being security deposit and interest thereon and, therefore, whole of the cheque amount was not legally enforceable debt and, therefore, the offence under Section 138 of the Negotiable Instruments Act is not made out. I find no fault with the reasons 2 and the impugned order of acquittal. 2 Therefore, leave to prefer appeal is hereby refused and this application stands rejected. (J.H.BHATIA, J.)