JUDGMENT 1. - Heard learned counsel for the parties. 2. The complainant-appellant has filed this criminal leave to appeal against the impugned order dated 5.11.2008 passed by Additional Chief Judicial Magistrate No. 9, Jaipur City, Jaipur in Regular Criminal Appeal No. 552/2006 whereby the accused-respondent has been acquitted for the offence under Section 138 of Negotiable Instruments Act. 3. The learned trial Court after considering the evidence available on record has come to a conclusion that the complainant-appellant has failed to prove that some legal liability was in existence against the respondent-accused on the date on which the cheque in dispute was issued. 4. Learned counsel for the appellant failed to show any reason that the findings arrived at by the trial Court are perverse or against the evidence available on record. For the applicability of Section 138 of N.I. Act, the foremost requirement is that there should be some legal liability in existence against the accused on date on which the cheque in dispute was issued. In the present case, this requirement is totally lacking.Therefore, I do not find any reason to grant leave to appeal.Consequently, the leave to appeal is dismissed at this stage itself.Leave to appeal dismissed. *******