1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1353/2009 M/s Microtex India Ltd. Applicant Vs. State of Maharashtra & Anr. Respondents Mr.Ghanashyam D.Upadhyay i/b M/s JPS Legal for applicant Mr.Anis A.Mujawar,for Res.no.2 Mr.Kharge,APP for State CORAM: MRS.MRIDULA BHATKAR,J. DATE : 30th SEPTEMBER,2009 P.C. . This is an application for leave to file appeal against the judgment and order dated 16.10.2008 passed by 10th M.M.Court, Andheri, Mumbai thereby acquitting the accused of the offence punishable u/s 138 of the Negotiable Instruments Act . Intimation to the bank was given by the accused nearly 13 months prior to the date of the dishonour of the cheque to stop the payment. If such intimation is given to the bank after the issuance of the cheque or prior to the issuance of the cheque by keeping the complainant in dark can be brought under section 138 of the Negotiable Instruments Act or not is the issue. Leave to appeal is granted . Appeal is admitted. 2 The Trial Court to take action u/s 390 of the Criminal Procedure Code. The accused be released on the same bail forthwith. (MRS.MRIDULA BHATKAR,J.)