1 Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2686 OF 2008 WITH CRIMINAL APPEAL No. OF 2008. Siddharth Global Limited ..Applicant. vs. State of Maharashtra ..Respondent. Mr V.R. Mishra i/b Bhandary and Bhandary for the applicant. Ms M. H. Mhatre, A.P.P., for the State. CORAM: A.R.JOSHI,J. DATE : 08TH MAY,2009. P.C.:- 1. Heard learned Advocate for the applicant. Reportedly, respondent No.3, original accused, is the Director of Respondent No.2 company. Affidavit of service is already filed. In fact, respondent No.3 appears to have been absconded. So also, the said respondent no.3 was not attending the trial Court during hearing of the complaint filed against him under Section 138 of the N.I. Act. Present application is for leave to file appeal against the acquittal under section 138 of the N.I. Act. Said acquittal was 2 passed by the learned Special Metropolitan Magistrate, Small Causes Court, Mumbai vide order dated 2.5.2008. By the said impugned order the complaint was dismissed on the count that the complainant had not produced the details of the property of then absconding accused, present respondent no.3. It is one of the contentions for dismissing the complaint that title documents were not produced by the applicant concerning the ownership right of respondent no.3 over a particular flat. 2. After hearing the argument on behalf of the applicant and as there is none appearing for the respondent Nos. 2 and 3, in the opinion of this Court, leave to file appeal is to be granted, the appeal is to be admitted and allowed. The matter is required to be sent back to the learned trial Special M.M. Court Mumbai for disposal of the complaint according to law and to put a logical end to the said matter. 3. In the result, leave to appeal is granted. Appeal is admitted and allowed. Matter be sent back to the learned Trial M.M. Court for disposal of the complaint according to law. With these directions, leave application and appeal are consequently disposed of. A.R.JOSHI,J.