1 CR.APLN.4875.2010.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4875 OF 2010 AND CRIMINAL APPLICATION NO.4876 OF 2010 M/s. Complus Computer Services Pvt. Ltd. ...Applicant Vs. State of Maharashtra & Ors. ...Respondents Mr. Shailendra Singh i/b. Mr.A.A. Pande for Applicant Mr. S.A. Shaikh, A.P.P for the State CORAM : SMT. ROSHAN DALVI, J. DATED : 6TH MAY, 2011 P.C. : 1. This is an application for leave to file appeal against the acquittal of Respondent No.2 in a case of dishonour of cheque under Section 138 of Negotiable Instrument Act. The Respondent No.2 was the customer of the Applicant. The Applicant supplied goods which were computers and peripherals and installed them as per the order of the Respondent No.2. Towards the supply of goods 5 cheques have been issued in these two cases. The legally enforceable liability under the contract between the parties in the sale of goods is seen. 2. The Complaint has been dismissed on the technical ground that no resolution was passed and only a copy is annexed. A copy of the demand notice is seen to be unsigned. These aspects do not materially effect the 2 CR.APLN.4875.2010.sxw legally enforceable debt or the liability. Hence leave to appeal is granted. 3. In view of the narrow question involved, the appeal shall be disposed off at the stage of admission itself. Since the Respondent No.2 is absent despite service of the notice of this application, the Advocate for the Appellant shall once again issue notice upon the Respondent informing him of the date of the admission of the appeal. 4. The appeal shall come up on board for admission on 28th June 2011. Call for R & P. (SMT.ROSHAN DALVI, J.)