1 appln 98 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.98 OF 2011 The City Co-op Bank Ltd. .. Applicant. -versus Joraram R Choudhary and anr .. Respondents. Mr. Laxman Kanal, for the Applicant. Mr. S. A. Shaikh, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 18th July, 2011 P.C. 1. This is an application for leave to file appeal against dismissal of the complaint, for the offence punishable under Section 138 of the Negotiable Instruments Act, by the learned Metropolitan Magistrate, 13th Court, Mumbai, by his order dated 21st December, 2010. Respondent accused was duly served, but was not present and therefore, a warrant was issued which was not executed. For the absence of complainant and his advocate, complaint was dismissed, since the learned counsel for the applicant did not note the correct date and therefore, was absent when the matter was called out. Considering this and the fact that respondent had not at all appeared before the learned Magistrate, leave granted. Record and proceeding may not be necessary since the matter was dismissed in default. 2 appln 98 of 2011 2. Issue Notice to the respondent informing him that the matter would be heard finally on the returnable date. 3. Notice returnable on 12.9.2011. (R. C. CHAVAN, J.)