Judgment 1. Heard learned advocates for respective parties. 2. This application is moved for grant of leave to prefer appeal against acquittal. Learned advocate Shri Sakolkar submitted that the version of the complainant is consistent that he has advanced a loan of Rs.2.25 lakhs. The discrepancy is only about the date on which it was advanced. So that circumstance alone is not sufficient in rebuttal of presumption arising out under Section 139 of the Negotiable Instruments Act. 3. On the other hand, learned advocate Shri Bhumkar supports the judgment of acquittal stating that the complainant himself admitted that he has not advanced a loan as contended in the complaint as well as in his verification statement. He came with a case that this amount was advanced in presence of 2 witnesses but none of them were examined. So the trial Court was justified in recording finding that the cheques were not issued for any debt or legal liability. 4. The applicant came with specific case that he had advanced loan of Rs.2.25 lakhs in the month of May 2005. In his affidavit also he narrated the same facts, however, in the cross examination he denies to have advanced a loan of Rs.2.25 lakhs to the accused in the month of May 2005. However, he states that said advance was made in the month of July 2005. His version was inconsistent with his own statement in the complaint as well as statement in the examination in chief. In these circumstances, he ought to have examined the witnesses named in the complaint in whose presence alleged amount was paid to the accused but admittedly none of them has been examined. In view of these facts, the learned Magistrate has rightly came to the conclusion that the advance of loan itself is not proved, so cheques issued cannot be said to be in discharge of debt or legal liability. As such no considerable point arises in the present matter. The judgment of acquittal does not suffer from any infirmities. So it is not a fit case wherein leave to prefer appeal against acquittal is to be granted. 5. In the result application is dismissed. Leave to prefer appeal against acquittal is refused.