1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION APPLICATION NO. 3074 OF 2009 Dr. Nilima Gandhi. ... Applicant. V/s. Dipali Vijay Dharmadhikari & Anr. ... Respondents. Mr. C.M. Kothari for the Applicant. Mr. P.A. Pol for the Respondents. CORAM : S.C. DHARMADHIKARI,J. DATED : 04th JANUARY 2010. P.C. :- Heard Mr. Kothari, learned Advocate appearing for the Applicant. None appears on behalf of the First Respondent/Accused although the Office Report states that she is duly served. 2. From a reading of the Judgment under challenge, it is apparent that the learned Judge proceeded on a mis- conception that the complaint under Section 138 of the Negotiable Instrument Act could have been filed only by the owner of the property. Prima-facie, the Judgment and Order requires further scrutiny. Leave is, therefore, granted. The Application is made absolute in terms of prayer clause (a). (S.C. DHARMADHIKARI,J.)