1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2946 OF 2006 IN CRIMINAL APPEAL NO. OF 2006 Pritish Nandy Communications Ltd .. Applicant Vs State of Maharashtra & Another .. Respondents Mrs. Dimple Shah for the Applicant Mrs. M.H. Mhatre, APP For State CORAM : A.R. JOSHI, J DATE : 05th May, 2009 P.C.: 1. It is an application for leave to file an Appeal against the order of acquittal of Respondent No. 1 in the matter of offence under Section 138 of the Negotiable Instrument Act. Said order was passed as per the provisions of Section 256 of Cr.P.C. Reportedly, publication of notice was effected in local newspaper against Respondent no. 1 and service of affidavit is filed. Considering these facts and considering that during pendency of matter before the Metropolitan Magistrate Court, original accused - Respondent No. 1 was absconding, the present leave petition can be allowed and in fact, the Appeal can also be disposed of by giving suitable direction to the concerned Metropolitan Magistrate Court to deal with the matter according to law as the same was dismissed for default, hence the order: O R D E R Rma APPLN274606050509.sxw 2 Leave granted. The Appeal is admitted and also disposed of. Matter be sent back to the learned Metropolitan Magistrate Court for disposal of the case which was already dismissed for default by order dated 26th July, 2005, according to law. With this order, leave petition and also the appeal stand disposed of. (A.R. JOSHI, J) Rma APPLN274606050509.sxw