-: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. 1289 OF 2008 APPLICATION NO. 1289 OF 2008 APPLICATION NO. 1289 OF 2008 Gulf Oil Corporation Ltd. ... Applicant. V/s. Bijay K. Jaiswal & Anr. ... Respondents. Ms. Sunita Sharma i/b. Shyamkumar V. Marwadi for the Applicant. Mr. Y.M. Nakhawa, APP for the State. CORAM CORAM CORAM : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. DATE DATE DATE : 18TH JULY, 2008. : 18TH JULY, 2008. : 18TH JULY, 2008. P.C. P.C. P.C. : : : . The complaint was lodged in respect of cheque bearing No.899789 dated 12.11.2002 for a sum of Rs.14,46,593/- is came to be dishonoured on 20th November 2002. The Applicant received intimation of the said dishonour from the Bank on 26th April 2002. Subsequently, a demand notice dated 28th November 2002 was dispatched to the accused and non-response to the said demand notice, complaint came to be filed against the accused on 7th January 2003 before the 10trh Court at Andheri, Mumbai. 2. Since there were three cases clubbed together and transferred to the learned Special Metropolitan Magistrate, Small Causes Court, Mumbai, on the admission from the witness, having not received certain amount from the Accused-Company, is the -:2:- subject of grievance, the question of applicability of Section 138 of the Negotiable Instruments Act is to be analysed. 3. Hence, Rule. Leave to appeal granted. Admit the appeal. Issue notice to the Respondent. Call R. & P. Action under Section 390 of Cr.P.C. 4. The Accused to be released on the same bail. (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.)