- 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.1138 OF 2009 APPLICATION NO.1138 OF 2009 APPLICATION NO.1138 OF 2009 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court’s Court’s or orders or directions Judge’s orders & Registrar’s orders. ............................................................. Mr.M.V.Dave i/b M/s.M.N.Vaishnawa & Co. for the applicant Ms A.T.Javeri A.P.P. for State Mr.U.L.Shah for Respondent No.2 CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : APRIL 4,2009 : APRIL 4,2009 : APRIL 4,2009 P.C.: P.C.: P.C.: 1. Heard Advocate for the applicant and the advocate for the respondent Nos.2 and 3. The cheque has been issued by the respondent no.3 who is the proprietor of respondent no.2. 2. A case is made out for grant of leave to prefer an appeal as against respondent no.3. The application stands dismissed as against the respondent no.2. 3. Leave to prefer an appeal is granted confined to respondent no 3. The advocate for respondent no.3 waives service. As service is waived,action under section 390 of the Code of Criminal Procedure, 1973 is dispensed with. JUDGE JUDGE JUDGE