:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4366 OF 2006 WITH CRIMINAL APPEAL NO. OF 2008 Sai Shipping Co. Pvt. Ltd. ...Applicants. Vs. M/s. Raisoni Exports & anr. ...Respondents. Mr. Pankaj Sawant i/by N.R.Gandhi for the Appellant. Mr. Ashwin Shete i/by Khaitan & Jaykar for the respondent Nos. 1 and 2. Mr.S.R. Shinde, APP. for the State. CORAM : R.S. MOHITE, J. DATE : 29th July,2008. P.C. P.C. P.C. 1. Heard both sides. 2. This is an application for grant of leave to file appeal against the order of acquittal under Section 138 of the N.I. Act. After hearing both the sides, I find that the arguable points are raised for hearing the proposed appeal. It is contended that the first notice of demand after presentation of the cheque could not give rise to any cause of action as it was issued beyond the period of limitation of 15 days. It is also contended that as far as abandonment of Bill of Lading of contract is concerned, the same abandonment was only limited in so far as it :2: concerned the owners. It is also contended that the Bill of Lading which was furnished by the complainant indicated that the freight due and the shipment was not refundable and the Bill of Lading issued in respect of the said cargo contained the written clause "Freight due on shipment not refundable, Ship and/or cargo lost or not lost". The knowledge of the accused in this regard has been pointed out by the learned counsel for the applicant by showing certain admissions in the cross examination and in the Statement U/s. 313 of the Cr.P.C. In this view of the matter, leave granted and application is disposed off. Office to number the appeal. CRIMINAL APPEAL NO. OF 2008 1. By a separate order passed today leave has been granted to file the appeal. Hence, appeal admitted. Office to number the appeal. (R. S. MOHITE, J.)