IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPLICATION NO.3860 OF 2007 ------------------------------------------------------------------ Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ------------------------------------------------------------------ Mr.Nitin Pradhan, Sr.Counsel i/by S.D.Khot for the applicant. Mr.Kuldeep S. Patil i/by Shashank Borade for the respondent nos.1 to 6. Ms.A.T.Jhaveri, A.P.P for the State. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 24th February 2009. : 24th February 2009. : 24th February 2009. P.C.: . Heard learned counsel appearing for the applicant in support of this application under sub section 4 of section 378 of the Code of Criminal Procedure, 1973. One of the submissions made by the learned counsel appearing for the applicant is that the decision of this Court in the case of Credentials Finance Ltd & Ors. Vs. State of Maharashtra and Anr. [2003 (3) Maharashtra Law Journal 544] is per incurium, in view of the decision Apex Court in the case of Punjab and Sind Bank Vs. Vinkar Sahakari Bank Ltd & Ors. [(2001) 7 Supreme Court Cases 721]. The other submission is that this Court has not considered an important aspect that a complaint under section 138 of the Negotiable Instruments Act, 1881 can be filed even (2) by a holder in due course. Leave is granted. Appeal is admitted. Considering the question of law involved, the appeal is fixed for final disposal on 23rd March 2009. To be placed immediately at the end of the admission board. Advocate for respondent Nos.1 to 6 waives service. (A.S.Oka, J)