IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4044 OF 2007 IN CRIMINAL APPEAL NO. OF 2007 Prithvi Prakashan Ltd., Sangli )..Applicant Versus Mohan Ganesh Marathe & Anr. )..Respondents ---- Mr.Umesh R.Mankapure for the applicant. Mr.Kedar J.Patil for respondent no.1. Mrs.R.M.Gadhavi APP for the State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 27.08.2008. PC 1. This is an application for leave to appeal. The accused is acquitted by the Sessions Court in revision. On hearing both sides, I find that arguable points are involved. The failure of the prosecution on the ground that notice is held to be not served, requires to be reconsidered in the light of the Supreme Court Judgment that payment should be made within 15 days on the service of the summons. The other point as to whether the debt should be of the payee also requires to be considered. Hence, leave granted. Office to number the appeal. : 2 : CRIMINAL APPEAL NO. OF 2007 1. Leave has been granted by a separate order passed today. Hence, appeal admitted. Advocate for the respondents in the application waives notice. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)