1 APPLN-357.11 AIN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.357 OF 2011 Ramniklal Amrutlal Jain .... Applicant Vs. Dilip Jain & Anr. .... Respondents Shri S.V. Marwadi i/b M.D. Mali & Co. for the Applicant. Shri G.G. Tongani for Respondent No.1. Shri S.A. Shaikh, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: JULY 27, 2011 P.C: This is an application for leave to file appeal against the acquittal of the respondent ordered by the learned Judicial Magistrate, First Class, Bhiwandi for the offence punishable under Section 138 of the Negotiable Instruments Act holding, amongst other things, that the complainant could not prove service of mandatory notice on the accused. The learned counsel for the applicant pointed out that in view of the judgment of a Three Judge Bench of the Supreme Court in C.C. Alavi Haji v. Palapetty Muhammed and Anr., reported in (2007) 6 SCC 555, non-service of 2 APPLN-357.11 notice in itself cannot be a ground for dismissal of complaint. In view of this, leave granted. Appeal admitted. Call for the R & P.. Action under Section 390 of Cr.P.C. to follow. The application accordingly stands disposed of. (R.C. CHAVAN, J.)