1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.633 OF 2011 M/s.Khetan Bros. .Applicant V/s. M/s.Chemstar Organics(I) Ltd. .Respondents & ors Mrs.P.J.Kanani, Advocate, for the Applicant Smt.S.V.Sonawane, APP, for Respondent No.4 - State CORAM : R.C.CHAVAN, J. DATE : 15TH DECEMBER, 2011 P.C. . Heard the learned counsel for the respective parties. 2. This is an application for leave to file an appeal against acquittal of respondent Nos.1 to 3 ordered by the learned Additional Sessions Judge, Greater Mumbai reversing conviction of the respondents recorded by the learned Metropolitan Magistrate, 12th Court, Bandra, Mumbai for the offence punishable under 2 Section 138 of the Negotiable Instruments Act, 1881. The learned Additional Sessions Judge observed in para 20 that the learned Magistrate has nowhere bothered to go into the aspect of legally enforceable liability that aspect and directly jumped in to the conclusion by resorting to the presumption under Section 139 of the Act. These observations were based on the Judgment in Krishna Janardhan Bhat Vs. Dattatraya G. Hegde, reported at 2008 ALL MR (Cri) 1164 (S.C.) which has been specifically overruled by Rangappa Versus Sri Mohan, reported at 2010 DGLS(Soft) 285. The learned Judge also seems to have held that the vicarious liability of accused No.3 was not proved. It is not clear as to what the learned Judge expected when he observes that there were averments in the complaint that accused Nos.2 and 3 were Directors and responsible for the day to day affairs and in the evidence this was so stated. In view of this, Judgment would need a fresh 3 look. Leave granted. Admit. Call for R & P. Action under Section 390. Needless to say, action under Section 390 means that the learned Magistrate may cause the accused to be produced before him by appropriate process and take security from them for their appearance in the Appellate Court. If the accused appear on their own, the learned Magistrate need not wait for process to be issued or served upon the accused but shall admit them to such bail as he may deem fit. (R.C.CHAVAN, J.)