1 APPLN-349.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.349 OF 2011 Ajit Ghanshyam Shah .... Applicant Vs. Kishor Gandhi & Anr. .... Respondents Shri J. Shekhar i/b J. Shekhar & Co. for the Applicant. Ms U.V. Kejariwal, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: JUNE 16, 2011 P.C: Heard the learned counsel for the applicant. This is an application for leave to file appeal against the respondent's acquittal for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The learned Magistrate had held that the cheque was issued for legally enforceable debt or other liability. He had also held that the cheque was dishonoured. However, he held that the complaint was barred by limitation because while the complainant computed the time for filing the complaint from the date he received the postal packet back, that is, 17-9-2005, the 2 APPLN-349.11 accused claims that he had received the notice on 6-9-2005 itself. It is difficult to imagine as to how the complainant would come to know that the accused had received notice on 6-9-2005. In view of this, leave granted. Appeal is 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.)