IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4187 OF 2007 IN CRIMINAL APPEAL NO. OF 2007 Kuntinath Ganpati Shete .. Applicant V/s. Jafar Babamiya Shaikh & Anr. .. Respondent Mr.V.B.Rajure for the Applicant. Mr.D.P.Adsule, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : APRIL 17TH, 2009. P.C. It is the application for leave to file criminal Appeal against the order of acquittal passed by the Judicial Magistrate First Class, Radhanagari in the matter for the offence punishable under section 138 of Negotiable Instruments Act. 2. Heard arguments of learned Advocate Shri.Rajure for the Applicant original complainant. Also heard learned A.P.P.for the 1 State. None present for original accused Respondent No.1. He was already served and represented by his Advocate Mr.Garud on previous date. 3. It appears that on the count of holding no proper service of the demand notice on the accused, Criminal complaint came to be disposed of acquitting the accused. It is submitted on behalf of the Applicant that such notice was sent by Registered Post A.D. and acknowledgment was also filed in the Court and it was so served on the proper address of the accused. Considering such situation, it appears that, it is a matter in which leave can be granted. Hence, application for leave is allowed. 4. Appeal is admitted. (A.R. JOSHI, J.) 2