JUDGMENT:- By this application seeking leave to file appeal against acquittal, the applicant-complainant seeks to challenge the judgment of II Joint Judicial Magistrate, First Class, Parbhani, dated 6.11.2006 in SCC No.599 of 2003, acquitting the respondent accused for offence punishable under section 138 of the Negotiable Instruments Act. 2. The reasons for acquitting the respondent-accused are two fold. Firstly the complainant has failed to prove that the cheque was issued by the accused. Obviously, the evidence of C.W.2 Bhanudas Jiwane, Branch Manager, clearly discloses that the account on which cheque was issued did not stand in the name of the accused and the aforesaid account was operating only for some months and when the cheque had been presented the aforesaid account had been closed. Secondly, the notice which was issued to the respondent accused was not properly served as there was difference in the signature of the respondent-accused and the signature on the cheque and the other admitted signatures of the accused did not tally with the signature on the acknowledgement. The complainant had failed to prove that the accused was Proprietor of Shirman Approach and Decent Appliances and therefore, the notice served on that address could not be presumed to have been received by the accused. 3. With the assistance of the learned Counsel for the applicant I have perused the findings recorded by the trial Court. The learned Counsel for the complainant has also made available to me the copies of the evidence on record. The view taken by the trial Court appears to be a possible view to be taken on the basis of the evidence on record. I do not notice any perversity in the reasoning of the trial Court to warrant any interference in this appeal against acquittal. Consequently, application is dismissed. Leave refused. Application dismissed.