IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINALAPPLICATION NO.1615/2008 --------------------------------------------------------------------------------------------------------------------------- Office notes,Office Memoranda of Coam Appearances,Court’s orders or directions and Registrar’s Orders Court’s or Judge’s order --------------------------------------------------------------------------------------------------------------------------- Mr.Jayesh Desai i/b M/s Desai & Desai Asso, for the applicant Mr.Kharge,APP for State CORAM: MRS.MRIDULA BHATKAR,J. DATE : 6th October,2009 P.C. . This application is for leave to file appeal challenging the order dated 3/3/2008 passed by the Additional Chief Metropolitan Magistrate ,Mumbai acquitting respondent nos.1,2,3 i.e. the original accused of the offence punishable u/s 138 of the Negotiable Instruments Act. The learned counsel appearing for the applicants submits that the applicants have served respondent nos.1,2,and 3 by registered post A.D. ,yet they remained absent. So also as per order dated 29/6/2009 of this Court the applicants have served the respondents by publication in the newspaper Kanpur Edition where the respondent nos.1,2,3 have their permanent address. Despite of this service by publication and also by registered post A.D.none present. Considering the findings given in the judgment leave to appeal is granted. Appeal is admitted. Issue notice to the respondents. R/o 8 weeks. (MRS.MRIDULA BHATKAR,J.)