JUDGMENT Rohit B. Deo, J. (Oral) - The appellant is aggrieved by the judgment and order dated 26.10.2004 rendered by the Ad hoc Additional Sessions Judge, Washim in Regular Criminal Appeal 20/2001, by and under which, the judgment and order of conviction rendered by the learned Judicial Magistrate First Class, Washim in Summary Criminal Case 833/1997 is set aside and the respondent accused is acquitted of offence punishable under section 138 of the Negotiable Instruments Act ("Act" for short). 2. The appellant (hereinafter referred to as the complainant) is the wife of the respondent accused. According to the complainant, the accused deserted her without any reason and performed second marriage with one Dr. Tanuja and started residing at Pune. In view of a settlement between the parties, the accused issued twelve cheques in favour of the complainant to her maintenance out of which two cheques for Rs. 1500/each was dishonoured. A legal notice was issued which was received by the accused but not complied with. The learned Magistrate, upon a complaint instituted under Section 138 read with Section 142 of the Act, was pleased to convict the accused, which judgment is set aside, by the judgment impugned. 3. The learned Sessions Judge was pleased to acquit the accused on the ground that the complainant did not prove that the two cheques were issued towards enforceable liability. This finding is subjected to severe criticism by the learned counsel Shri R.R. Srivastava. In his submission, the learned Sessions Judge failed to appreciate that the accused did not rebut the statutory presumption under Section 139 of the Act. Shri R.R. Srivastava would submit, that the learned Sessions Judge lost sight of the fact that the two cheques are dated 01.09.1997 and 01.10.1997 whereas the suit for claiming maintenance was filed after the issuance of the cheques, on 08.09.1997. This submission is made in the context of the finding rendered that in Regular Civil Appeal 211/2000 the Appellate Court set aside the judgment and decree in Special Civil Suit 104/1997 granting maintenance and that the view taken by the learned Sessions Judge is predicated on the premise that since the complainant is held not entitled to maintenance, the cheques were not issued against legally enforceable debt or liability. 4. The facts are not in serious dispute. 4. The facts are not in serious dispute. It is true, as submitted by the learned counsel Shri R.R. Srivastava that the adjudication of the right to maintenance is after the issuance of cheques. Indeed, the suit for maintenance, which was initially decreed, and which judgment and decree is set aside by the Appellate Court, was itself instituted after the issuance of the cheques. However, on this count the ultimate conclusion of the learned Appellate Court that the cheques were not issued against legally enforceable existing debt or liability, is not rendered erroneous. It is not in dispute, as it appears to be the case of the complainant that in view of a settlement, the two cheques which were dishonoured, were issued towards payment of maintenance. The fact that the Competent Court has held that the complainant was not entitled to maintenance is significant notwithstanding that the finding is rendered after the issuance of cheques. The accused was under no legal obligation to pay maintenance to the complainant. If, in the absence of legal obligation, twelve cheques were issued towards maintenance and two cheques were dishonoured, it cannot be said that the two cheques were issued towards legally enforceable existing debt. I am not persuaded to agree with the submission of the learned counsel Shri R.R. Srivastava that the settlement between the parties given rise to a legally enforceable debt or liability. At any rate, this court is satisfied that the view taken by the Appellate Court is a possible view and is certainly not perverse. I am not inclined to interfere with the judgment and order of acquittal since no compelling case is made out to warrant interference. 5. The appeal is sans merit and is rejected.