..(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.4117 of 2007 [LEAVE TO APPEAL] IN CRIMINAL APPEAL NO. OF 2007 Shri.Mahavir Appasaheb Mirje. ..Applicant. Versus Shri.Kailas Hiralal Maheshwari @ Randhar & Anr. ..Respondents. .... Mr.Amit Sale, Adv. for the Applicant. Mr.V.B.Konde-Deshmukh, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 21st April, 2008. DATED : 21st April, 2008. DATED : 21st April, 2008. P.C.: 1. The applicant-orig.complainant has filed this application for leave to file appeal against the judgment and order dated 30th October, 2007 passed by the learned J.M.F.C., Court No.9, Kolhapur in SCC No.3224 of 2002. By the said judgment and order the learned Magistrate acquitted the respondent-accused of the offence under Section 138 of N.I. Act. 2. Heard the learned Advocate for the Applicant-Orig.complainant and the learned APP for the State. Perused the judgment and order of the learned Magistrate as well as the evidence in the ..(2).. present case which has been annexed. 3. The learned Magistrate acquitted the respondent-accused as he was of the opinion that there was no material to show that the accused person had been properly served with the notice. My attention has been drawn to the evidence of Postman. The Postman has stated that the accused person was not available. From the evidence of Postman, it is seen that no intimation was given to the accused person, but, the intimation was given the watchman. In view of the evidence of Postman, it is clear that the accused has no intimation about the notice. 4. Looking to the evidence on record, the conclusion reached by the learned Magistrate is a reasonable and possible view. Hence, no interference is called for. Application for leave to file appeal is rejected. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)