IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1099 OF 2008 Dinesh Mody .. Appellant V/s. M/s.Roofit Industries Ltd. & Ors. .. Respondents Mr.Prakash Naik for the Appellant. Mr.R.B.Sawant i/b.Mr.Dilip Devadiga for Respondent Nos. 2 to 4. Mrs.M.H.Mhatre, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : APRIL 27th , 2009. P.C. Heard rival submission for some time. 2. It is the application for leave preferred by the applicant original complainant challenging the order of acquittal passed by the learned Special Metropolitan Magistrate, Small Causes Court, Mumbai thereby acquitting the accused present respondent Nos. 1 to 5 for the offence punishable under section 138 of Negotiable Instruments Act. Such order came to be passed as per the provisions of section 256 of 1 Criminal Procedure Code for non attendance of the complainant on the relevant date. On going through the documents annexed to the application and after hearing the submissions and considering that it is a matter of bouncing of cheque of Rs.9,97,000/- and odd, in the opinion of this Court, appeal is required to be allowed. 3. The present matter be remanded back to the concerned Special Metropolitan Magistrate, Small Causes Court, Mumbai for disposal according to law. With these direction the appeal is allowed and disposed of accordingly. (A.R. JOSHI, J.) 2