1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2194 OF 2009 IN CRIMINAL APPEAL NO.410 OF 2007 Kameshwar B.Singh .. Applicant V/s. Tejbahadur R.Shukla & Anr. .. Respondents Mr.R.A.Shaikh for the Applicant. Mr.Y.M.Nakhwa, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : JUNE 29th, 2009. P.C. Heard rival submissions for some time. 2. It is the application for leave to file an appeal against the acquittal of Respondent No.1 original accused in the matter of bouncing of cheque for Rs.60,000/- and punishable under section 138 of Negotiable Instruments Act. 3. After hearing rival submissions and after going through the 2 Judgment of 50th Metropolitan Court, Vikhroli of conviction and of the Sessions Court Bombay reversing the said conviction, that the Sessions Court was influenced by the defence of Respondent No.1 accused that statutory demand notice was not served on him and as such there could not have arising of any cause of action. It is admitted position that the packet containing statuary notice was returned back to the complainant with the endorsement “unclaimed, returned to sender”. Apparently, defence witnesses from postal department were examined on behalf of the accused in order to substantiate his defence that there was incomplete address of Respondent accused on the said packet. However, factual position still remains that there was no any endorsement on the said packet as to address incomplete or addressee could not found, but it was the endorsement as “not claimed, returned to sender”. Considering this factual position, in the opinion of this Court, there is an issue required to be tried in appeal before this court in order to test the correctness and legality of the Judgment passed by the Sessions Court,Bombay allowing the appeal against conviction. Hence, the present leave petition is allowed. 4. Appeal is admitted. 5. Call for R & P. 6. With these directions, the leave application is disposed of. 3 (A.R. JOSHI, J.)