1 Appln 482-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.482 OF 2011 M/s.Swastik Tyres .Applicant V/s. Sanjay Balkrishna Mundhe & anr. .Respondents Mr.Ashish Sawant i/b. Mr.A.R.Kapadnis, Advocate, for the Applicant Mrs.M.M.Deshmukh, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 20TH JUNE, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for leave to file an appeal against acquittal of respondent No.1 recorded by the learned JMFC, Satara holding that there was no cause of action for filing a complaint, since the complainant utterly failed to prove that notice dated 24th November, 2000 was served on 30th December, 2000. The learned Counsel for the applicant states that notice was issued on 2 Appln 482-2011 24th November, 2000 and was served upon accused on 30th November, 2000 and not on 30th December, 2000. The learned Counsel for the applicant states that the notice was posted on 24th November, 2000, it was not claimed and intimation was received on 30th November but the complainant wrongly mentioned it as 30th December, 2000. In view of observations of the Supreme Court in C.C.Alavi Haji Vs. Palapetty Muhammed & Anr., reported at 2007 ALL MR(Cri)2044(S.C.), where significance of a notice before taking cognizance of complaint of the offence punishable under Section 138 of the NI Act is discussed, leave granted. 3. Admit. 4. Call for R & P. 5. Action under Section 390. (R.C.CHAVAN, J.) 3 Appln 482-2011