1 APPLN-746.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.746 OF 2011 Kirtisagar Vadilal Shah (deceased) through his LR Sameer Kirtisagar Shah .... Applicant Vs. Anwar M. Sayyed & Anr. .... Respondents Shri Subodh Shah for the Applicant. Ms U.V. Kejariwal, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: JULY 27, 2011 P.C: This is an application for leave to file appeal against the acquittal of the respondent ordered by the learned Judicial Magistrate, First Class, 5th Court, Pune. The learned Magistrate held that the complainant had proved that a sum of Rs.1,90,000/- had been paid by the complainant to the accused, but observed that it was not proved that the amount was given as hand loan and therefore concluded that the complainant failed to prove that the cheques in question were issued towards a legally enforceable liability. He also held that the complainant failed to prove that 2 APPLN-746.11 notice of demand upon dishonour was duly served upon the respondent and therefore acquitted the respondent. After having held that the complainant had proved payment of Rs.1,90,000/- to the accused, it is strange that the learned Magistrate observes that the complainant failed to prove that the cheques in question were issued for a legally enforceable liability. As regards service of notice, the Judgment of the Supreme Court in C.C. Alavi Haji v. Palapetty Muhammed and Anr., reported in (2007) 6 SCC 555 would make non-service of notice irrelevant. In view of this, leave granted. Appeal admitted. Call for the R & P.. Action under Section 390 of Cr.P.C. to follow. The application accordingly stands disposed of. (R.C. CHAVAN, J.)