1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMIINAL APPLICATION NO. 44 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 22.01.2010 1. This is an application for leave to file appeal against order of acquittal passed by the learned Jt. Judicial Magistrate, First Class, Kopargaon, in S.C.C. No. 1128 of 2000 decided on 03.10.2009. The only ground on which the acquittal was recorded is that notice under section 138 of the Negotiable Instruments Act was not duly served. However, para 25 onwards of the Trial Court judgment, clearly shows that notice issued to the accused was ‘not claimed’ and returned to the sender and other was returned with endorsement that the concerned person was residing at Takli. The Trial Court has come to the conclusion at the end of para 32 of the judgment that the 2 address given on the notice which was ‘not claimed’ was not correct. In para 34, the Court has observed that summons of the case was served on the respondent on the address from where envelope has received with endorsement as ‘not claimed’. 2. The learned advocate for the applicant also relied upon para 17 of the case in C.C. Alavi Haji V/s. Palapetty Muhammed & Anr., 2007 ALL MR (Cri) 2044 (S.C.). 3. In view of this, this is a matter which needs to be examined in detail in appeal. Therefore, leave to file appeal is granted. The Criminal Application is accordingly allowed and disposed of. [P.R. BORKAR,J.] snk/2010/JAN10/cra44.10