1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.1479 of 2008 In Cri.Apppeal St.No.306/2008. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard Mr. V.B. Garud, learned advocate for the applicant. 2. Though served, Respondent No.2 did not appear. The application is for leave to appeal. 3. It transpires from the impugned judgment that the acquittal is ordered by the learned Judicial Magistrate on the ground that the reasons given in the complaint and the Bank memo regarding cause for dishonour of the cheque are different and that service of the notice was not properly proved. Mr.Garud, would submit that the postal notice was returned with an endorsement on the envelope "not found, intimation given". He would submit that another notice was issued by post vide Certificate of Posting and the Respondent No.2 did not come forward to deny such service. In this view of the matter, the liability to discharge debt was duly established because the Respondent No.2 had taken loan from the petitioner Bank and that there was due demand after dishonour of the cheque. Considering the prima facie material, I am of the opinion that the impugned order of acquittal needs reconsideration on merits. In this view of the matter, leave to appeal is granted. 4. The appeal is admitted and notice thereof be sent to the Respondent No.2 and the same is waived by learned A.P.P. Mrs.Reddy. (V.R.KINGAONKAR,J.) Dt.21.07.2009. asp/office/Crapp1479.08