1 appln 846 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.846 OF 2011 UCO Bank .. Applicant -versus Manju Susheel Trehan and anr .. Respondent. Mr. Kedar B Dighe, advocate, for the Applicant. Mr. M.M. Deshmukh, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 8th August, 2011 P.C. 1. This is an application for leave to file appeal against judgment of the learned Additional Sessions Judge, Mumbai, reversing the conviction of the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, ordered by the lelarned Metropolitan Magistrate, 13th Court, Dadar, Mumbai. The Additional Sessions Judge held that though the accused had admitted to her liability equal to the amount of cheque in her statement under Section 313 of the Code of Criminal Procedure, that was not enough and the bank ought to have proved that the accused was liable to pay amount mentioned in the cheque, since the signature on the cheque and the contents of the cheque were in different ink. Once the accused admits her liability to pay the amount under the cheque, though it is not admission of guilt, that should 2 appln 846 of 2011 have been sufficient for the learned Judge to hold that the cheque was issued for legally enforceable liability. As far as non service of demand notice upon dishonour of cheque is concerned, learned counsel for the applicant relied on the judgment of Supreme Court, in C.C. Alavi Haji -vs- Palapetty Muhammed and anr, reported in (2007) 6 Supreme Court Cases 555, in which it has been held that the accused had option to pay the amount after receipt of summons from the Court. In view of this, leave granted. Admit. Call for Record and Proceeding. Action under Section 390 of Code of Criminal Procedure Code. 2. There shall be ad interim reliefs in terms of prayer clause (c) of this application. (R. C. CHAVAN, J.)