1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO. 2056/2008 in Criminal Appeal No. 511/2008 ( M.C. Yengulwar .vs. B. N. Chide and one ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. M. Anilkumar, Advocate for Applicant .... CORAM : P.D. KODE, J. DATED : NOVEMBER 19, 2009 Heard. The applicant seeks leave to prefer an appeal against the judgment and order dated 8.4.2008 acquitting the respondent no.1 for commission of offence punishable under Section 138 of the Negotiable Instruments Act. The perusal of the judgment reveals that the accused has been acquitted mainly on the ground of failure of a complainant to establish of the demand notice being issued within the prescribed period from the date of the receipt of intimation of dishonour of cheque. After considering the reasoning given about the same in para 7 of a judgment, prima facie there appears substance in submission of the learned counsel for the appellant that said aspect deserves to be examined in the light of the record of proceedings. Having regard to the same, leave deserves to be granted. Leave granted. 2 Criminal Appeal No. 511/2008. Heard. Call for R. & P. Issue notice before admission to the respondents returnable on 27.11.2009. Mr. B.D. Vora, learned counsel appears for respondent no.1 and Mrs. K.S. Joshi, APP appears for respondent no.2 by waiving notice. Parties are put to notice that the appeal may be disposed of finally at the admission stage after hearing them. List the matter for admission on 27.11.2009. JUDGE halwai