1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4245 OF 2009 Axis Bank Limited ...Applicant Vs. Mr.Ketan Anant Rajpopat and Anr. ...Respondents ----- Mr.Kafil Khan a/w.Ms. Savita Mudra for Applicant Mr. J.P. Kharge -APP for State ----- CORAM: V.M. KANADE J. DATED: 11TH JUNE, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant. None appears on behalf of the Respondent No.1 though he was served. The Applicant has also filed affidavit of services. 2. The Applicant is challenging the order passed by the learned Magistrate dated 28th January, 2008 dismissing the complaint filed under section 256 of the Cr.P.C. It is submitted that the writ petition was filed by the accused in this Court, challenging the order passed by the learned Magistrate under section 145 (2), which writ petition was dismissed on 6.12.2008. Thereafter, the learned Magistrate did not issue notice to the Applicant herein. More particularly, since the complaint was transferred to some other Court. 2 3. Prima facie, case is made out by the Applicant for grant of leave. Leave is granted and appeal is admitted. 4. Issue notice to the Respondent No.1, returnable after four week. Notice to state that the appeal shall be heard and finally decided on the next date. 5. Stand over to 12th June, 2010. (V.M. KANADE J.)