1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.2498 of 2009 _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The applicant is original complainant. He instituted a private complaint case for offence punishable U/s 138 of the Negotiable Instruments Act, vide SCC No.572/2001. The learned Judicial Magistrate, held that the offence was proved against the Respondent No.2 - Babulal S/o Abulal Aatar and, therefore, convicted him vide the order dated 4.11.2003. By allowing Criminal Appeal No.24/2003, the learned Sessions Judge, Osmanabad, acquitted the Respondent No.2. Thus, there are two contrary findings of the Courts below. The learned Sessions Judge, acquitted the Respondent No.2 on the ground that there was no valid service of the notice of demand. The question pertaining to service of the notice is required to be considered appropriately by examining the record. The facts of the present case would show therefore, that leave to appeal is required to be granted. The application is allowed. Leave granted. The appeal be registered. 3. Admit. 4. Notice. 5. Call R & P. 6. Notice of appeal made returnable on 12.10.2009. (V.R.KINGAONKAR,J.) Dt.13.08.2009. asp/office/Crapp2498.09