Davare Shrihari P., J.—Heard learned respective Counsel for the parties.

2. This is an application preferred by the applicant, seeking leave to file appeal against the judgment and order of acquittal dated 22.9.2009 passed by learned Judicial Magistrate First Class, Ahmednagar, acquitting the respondent No.1/ original accused for the offence under section 138 of Negotiable Instruments Act.

3. I have perused the impugned judgment and order of acquittal dated 22.9.2009 and record and proceedings with the assistance of learned Counsel for the parties.

4. In short, it is the case of the complainant that he gave amount of Rs.1,40,000 to the husband of the accused towards sale transaction on 24.1.2005, of land bearing gat No.160, situated at Kukan, at the residence of the accused and thereafter they went to the office of subregistrar for registration of the saledeed, but it was revealed that since said land was of new tenure, saledeed could not be executed and thereupon husband of accused assured that he would procure permission for the sale of said land and if, such permission is not obtained within the period of one year , he would return the said amount. However, it is the conten