1 Appln 2173-2009 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2173 OF 2009 Mukund Global Finance Ltd. .Applicant V/s. The State of Maharashtra & ors .Respondents Mr.Ashish Chavan, Advocate, for the Applicant Mr.S.A.Shaikh, APP, for Respondent No.1  State Mr.Ganesh Gole, Advocate, for the Respondent Nos.2 to 4 CORAM : R.C.CHAVAN, J. DATE : 13TH JUNE, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for leave to file an Appeal against acquittal of the respondent Nos.2 to 4 for the offence punishable under Section 138 of the Negotiable Instruments Act recorded by the learned Special Metropolitan Magistrate and Judge of Small Causes Court on the ground that the 2 Appln 2173-2009 notice which was required to be given under the unamended provisions of the N.I.Act have stood in the year 1998 was not given within the prescribed period of 15 days from the receipt of the intimation of dishonour. The learned Counsel for the applicant submits that the memo of dishonour is dated 28th November, 1998. It was, in fact, received by his client on 2nd December, 1998. Therefore, notice was issued within the prescribed period of 15 days. He submits that such an averment has been made in the complaint and that the Complainant's witness has not been cross examined on this aspect. The learned Counsel for the respondent Nos.2 to 4 states that there is no question of cross examination on this aspect as affidavit in lieu of examination-in-chief does not state that intimation of dishonour was received on 2nd December, 1998. Rather para 7 mentions that intimation of dishonour was received on 28th November, 1998. In view of this, it cannot be 3 Appln 2173-2009 said that the learned Magistrate erred in acquitting the respondent Nos.2 to 4. Leave refused. Appeal dismissed. (R.C.CHAVAN, J.)