1 appln 2790 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2790 OF 2010 Chhatrapati Nashik Zilla Nagari S. Pat Sanstha Maryadit .. Applicant. -versus Smt. Babita Namdeo Gaikwad .. Respondent. Mr. Sagar Kasar, for the Applicant. Mrs U.V. Kejariwal, APP for the Respondent State. Ms. Susan Abraham, for Respondent No.2. CORAM: R.C. CHAVAN, J. DATED: 26th July, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of the respondent, recorded by the learned Judicial Magistrate First Class, Nashik, for the offence punishable under Section 138 of the Negoitable Instruments Act, 1881, only on the ground that the complainant failed to prove the service of statutory notice on the accused. On all other grounds, the learned Magistrate held in favour of the complainant. In view of the decision in C.C. Alavi Haji -vs- Palapetty Muhammed and another (2007) Supreme Court Cases 555, even if the notice is not received, after service of summons of the Court, accused would comply with the requirement and have the proceeding terminated. In view 2 appln 2790 of 2010 of this leave granted. Admit. Call for Record and Proceeding. Action under Section 390 of Code of Criminal Procedure, 1908. (R. C. CHAVAN, J.)