1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Criminal Application (APPA) No.316/2011 ( Shri Milind S/o Manoharrao Pinjarkar ..Vs.. Shri Sayyad Ayyaj Ali ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P.A. Abhyankar, Adv. for applicant. CORAM : M.N. GILANI J. DATE : 7.6.2 011 . Heard the learned counsel for the applicant. Perused the judgment dated 31st of January 2011 passed by the Judicial Magistrate First Class, Nagpur in Summary Criminal Case No.10471/2007, whereby the accused (respondent herein) was acquitted of the offence punishable under section 138 of the Negotiable Instruments Act. The learned Magistrate found fault with the case of the complainant on the ground that sufficient evidence to prove legal liability was not produced and secondly on the ground that the mandatory notice was not served upon the accused. The learned counsel for the appellant contended that the notice sent through post was returned unserved with the endorsement “unclaimed”. There is no dispute about the 2 accused issuing cheque in favour of the appellant. In that light of the matter, leave as prayed for is granted. Admit. Action under section 390 of the Criminal Procedure Code. Bailable warrant in the sum of Rs.3,000/- (Rs. Three Thousand Only) be issued. JUDGE Tambaskar.