... 1 ... IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3084 OF 2006 CRIMINAL APPLICATION NO.3084 OF 2006 CRIMINAL APPLICATION NO.3084 OF 2006 Suresh Kewalramani ...Applicant Vs. Shri Simon Joseph & Ors. ...Respondents Shri Rohit Tiwari for the Applicant. Shri D.P.Adsule, A.P.P for the Respondent. CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. DATE : NOVEMBER 17, 2006. DATE : NOVEMBER 17, 2006. DATE : NOVEMBER 17, 2006. P.C.: P.C.: P.C.: 1. Heard the Advocate for the Applicant in support of the Application for grant of leave to prefer an Appeal. The order of acquittal is for an offence punishable under section 138 of the Negotiable Instruments Act, 1881. The order of acquittal has been mainly passed on the ground that the Appellant-complainant has failed to prove service of notice of demand as contemplated by section 138 of the said Act. The learned Trial Judge found that the notice was issued at the address of the accused mentioned in the cause title of the complaint and infact, the summons of complaint could not be served at the said address and it was served at a different ... 2 ... address at Chennai. The learned Judge has observed that the Applicant failed to produce any the postal acknowledgment or communication from postal authorities regarding service of the notice. The learned Judge observed that the complainant expressed his inability to state as to whether notice sent by Registered Post A.D. and UCP was returned to him. The learned Judge also noted that prior to issuance of statutory notice, the complainant had addressed a letter to the accused at a different address. In the circumstances, the learned Judge disbelieved the case of the complainant/Appellant as regards service of notice. Therefore, the learned Judge passed an order of acquittal. The view taken by the learned Trial Judge is a possible view which could have been taken on the basis of evidence on record. Hence, no case is made out for grant of leave. Application is rejected. 2. In terms of order dated 22nd September, 2006 passed in Criminal Application No.650 of 2006, a report has been submitted by the Registrar (Judicial I). There are separate reports submitted by a clerk in Criminal "B" Branch as well as the Assistant and Section Officer in the office. The report of the clerk ... 3 ... in Criminal "B" Branch discloses that there is no sufficient place to arrange the papers of disposed of matters properly and hence, it becomes difficult to trace out the matters in time. The Registrar (Judicial I) will verify this aspect and will take up the same on the administrative side of this court. Making available sufficient and convinient storage place is of vital importance. The reports submitted by the concerned staff members are accepted and no further action is called for except what is stated above. 3. It is expected that the direction contained circular issued by the Registrar (Judicial I) on the basis of order passed by this court will be scrupulously implemented. Copy of this order be forwarded to Registrar (Judicial I). JUDGE JUDGE JUDGE