IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3552 OF 2008 IN CASE NO.2835/SS OF 2007 Sukani Enterprises .. Applicants V/s. Atus Soaps Pvt.Ltd.& Ors. .. Respondents Mr.Vishal Ghoghe i/b.M/s.Bilawala & Co.for the Applicants. Mr.A.N.Jakhadi for Respondent No.2. S.R.Shinde, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : APRIL 27th , 2009. P.C. Heard rival submissions for some time. 2. It is the application for leave to prefer an appeal against the order of acquittal dated 13th February, 2008 passed by the Metropolitan Court, 28th Esplanade , Mumbai in the matter of offence 138 and 141 of Negotiable Instruments Act. 1 3. It is the matter of bouncing of cheque of Rs.2,00,000/- and odd. Considering the latches on the part of the Applicant and as to he was not remaining present on various occasions since the year 2004, and still considering that the complaint was dismissed under the provisions of section 256 of Criminal Procedure Court, and considering that the matter has not been disposed of on merits, in the opinion of this Court and consequently criminal appeal can be disposed of on imposing certain penalty . Hence, the following order : :: O R D E R :: i. Leave to appeal is granted. ii. Appeal is admitted and allowed. iii. R & P of the said matter shall be sent to concerned learned trial Metropolitan Magistrate Court for disposal according to law. iv. Present order is passed on the condition precedent that within a period of one week from today, the applicant shall deposit an amount of Rs.5,000/- by way of costs and penalty with the office of Legal Services 2 Authority of this Court. On showing the proof of such payment, the present order shall be effective. v. With these directions the leave application and also criminal appeal stands disposed of. (A.R. JOSHI, J.) 3