1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.3137 of 2009 In Criminal Appeal No. of 2009 Sanna Transport Through Mr.Mayur Ali Khan Pathan .. .. Applicant v/s. Anil Dattatraya Patil & ors. .. .. Respondents Mr.Kapil Dave for Applicant. Mrs.P.P. Bhosale, APP for State. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 5th December 2009 P.C. : 1.This is an Application for leave to appeal the judgment of the learned Metropolitan Magistrate, Pen, dated 6.6.2009. The complainant has filed the criminal prosecution under Section 138 of the Negotiable Instruments Act. A notice has been issued upon Respondent No.1. Despite service, Respondent No.1 has not appeared since September 2009. 2.Though Respondent No.1 has claimed the cheque, which has been dishonoured to have been given by way of security, Respondent No.1 has not shown all the payments made upon the initial transaction. Those 2 payments would have to be seen to adjudge whether the presumption is rebutted. 3.Leave to appeal is granted. Issue Notice upon Respondent No.1. Humdust allowed. Call for R & P. 4.The Applicant s Advocate shall serve the papers of Appeal upon Respondent No.1 by RAPD and UPC. (SMT.ROSHAN DALVI, J.)