(1.) HEARD Mr.Jain, the learned counsel for the applicant. This is an application seeking leave to appeal under Section 378(4) of Cr.P.C. against the order of acquittal passed by the learned Metropolitan Magistrate, 31st Court, Vikhroli, Mumbai in CC No. 510/SS/2006. The complaint was filed under Section 138 of the Negotiable Instruments Act, 1881. The cheque dated 4/1/2006 for an amount of Rs.2,54,600.00 was dishonoured and there is no dispute that the accused had drawn the said cheque in favour of the complainant i.e. the present applicant. However, the learned Metropolitan Magistrate on assessment of the evidence and more particularly the document at Exhibit 10, which is a letter, and the Promissory note recorded a finding that the cheque at Exhibit 11 was not issued for enforcement of debt or legal liability. The learned Magistrate recorded a finding that the cheque was given by way of security in view of the terms and conditions set out in the Promissory note. The trial Court in detail dealt with the contents of the letter at Exhibit 10 as well as the Promissory note in para 4 of its judgment. The Promissory note copy was placed before me and having regards to the contents therein, it is clear that the cheque was issued for security purposes and in case of failure to repay the loan on or before 4/1/2006 the said loan was to be repaid by the family members of the accused jointly and severally. The last paragraph of the said Promissory note reads as under: