1 Appln 4377-2009 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4377 OF 2009 Shree Dashbhuja Imports & Exports .Applicant V/s. The State of Maharashtra & ors .Respondents Mr.Subodh Desai, Advocate, for the Applicant Mrs.P.H.Kantharia, APP, for Respondent No.1  State Ms Manorama Mohanty a/w. Ms Gayatri Sharma i/b. M/s.S.K.Shrivastav & Co., Advocate, for the Respondent Nos.2 & 3 CORAM : R.C.CHAVAN, J. DATE : 28TH JUNE, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for leave to file an Appeal against the Judgment of acquittal of the respondent Nos.2 & 3 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 rendered by the learned JMFC, Pune. The prosecution was launched on account of dishonur of the cheque 2 Appln 4377-2009 for Rs.24,00,000/- dated 21st October, 2005, revalidated to 21st December, 2005 and drawn on 27th September, 2005 pursuant to a rider agreement. The rider agreement itself mentions that the respondent Nos.2 & 3 - accused were to refund advance and penalty amount in two instalments. The dishonoured cheque No.82396 was towards the second instalment. Clause 4 of the agreement which was made available for my perusal records that MB export was to refund advance. It would, therefore, be necessary to find out what is the advance. The advance undisputedly is Rs. 13,60,000/-. Penalty is referred to in sub- clause (3) of Clause (4) of the rider agreement @ US $ 20.40 per M.T. quantified at Rs.4,60,000/-. Sub clause (4) of clause 4 of the agreement specifically re-counts that it was agreed that the Complainant will not claim any compensation or refund besides the above from the accused. The liability thus having been quantified at Rs.18,20,000/-. There was 3 Appln 4377-2009 no occasion for the Complainant to seek enforcement of payment of the cheque of Rs. 24,00,000/-. View taken by the learned Magistrate cannot be faulted. Leave refused. Appeal dismissed. (R.C.CHAVAN, J.)