-:1:- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 2303 OF 2007 APPLICATION NO. 2303 OF 2007 APPLICATION NO. 2303 OF 2007 Dr. Jagadish Narayan Thotangare. ... Applicant. V/s. Mr. Sattar Allarakh Memon. ... Respondent. Mr. S.H. Joshi for the Applicant. Mr. Y.M. Nakhwa, A.P.P. for the State. CORAM CORAM CORAM : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. DATE DATE DATE : 014TH AUGUST, 2008. : 014TH AUGUST, 2008. : 014TH AUGUST, 2008. P.C. P.C. P.C. : : : . Heard learned Counsel for the Applicant. 2. The learned Judge while acquitting the Accused/Respondent for the offence punishable under Section 138 of Negotiable Instruments Act observed that the notice was not proved to have been served upon the Accused/Respondent. The variance in the ink of the cheque and that the power of attorney holder does not possess personal knowledge of the transaction, was also discussed. The summons of the said complaint case was received by the Accused/Respondent at his address of Kudus, Taluka - Wada which address was referred in the statutory notice despatched to the accused. Even the same address was referred on the U.P.C. which too carry the presumption of service upon the accused. Since, Section 27 of the General Clauses Act raise the -:2:- presumption of service, and there is no other evidence from the Accused/Respondent to communicate that he is residing at some other places in Gujrat to establish for what purposes he accepted the summons recorded at Kudus. This non-service of notice prima-facie appears to be incorrect. The findings on this aspect of the learned Judge needs consideration. The findings as to the said cheque also needs consideration including the knowledge of the transaction to Power of Attorney holder. 3. Hence, leave to appeal granted. Appeal is admitted. (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.)