1 Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1816 OF 2009 IN CRIMINAL APPEAL No. of 2009 Parveen Bano .. Applicant/Appellant. vs. Mr Sabbo and Anr ..Respondents. Mr S.S. Redekar, Advocate for the applicant/appellant. Mr Rajesh Gupta, Advocate for Respondent No.1. Mr S.R.Shinde, A.P.P. ,for the State. CORAM: : A.R. JOSHI,J. DATE : 7th July, 2009. P.C.:- 1. Heard rival submissions for some time . It is the application for leave to file appeal against the order of acquittal of the accused- respondent No. 1 arising out of the proceeding under section 138 of the Negotiable Instruments Act, 1881( the N.I. Act for short). The dishonoured cheque is of Rs.50,000/-. 2. Apparently, giving of the cheque is not disputed but what is defended by the respondent-accused is that he 2 was not served with the demand notice. 3. It appears that the learned trial Magistrate was influenced by the defence of the accused and also the answers given by one Postal Inspector examined on behalf of the accused to the effect that the address mentioned on the packet of the demand notice is incomplete. It is a factual position that demand notice was sent by R.P.A.D., and also by under certificate of posting and reportedly notice by under certificate of posting did not return back. It is also observed that the accused entered into his defence and had given his address which is same as mentioned in the packet containing demand notice sent to him. 4. After hearing the rival submissions and considering the substantive evidence, in the opinion of this Court, there is a triable issue in appeal before this Court in order to check the correctness and legality of the order of the learned 30th M.M.Court, Kurla. In the result, present leave petition is allowed. Appeal is admitted. Call for R and P. (A.R.JOSHI,J)