1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPLICATION NO.1264 OF 2008 IN CRIMINAL APPEAL NO.538 OF 2008 Krishna Lifestyle Technologies Pvt. Ltd. ...Applicant Vs. Mr. Mayur Shah & Anr. ...Respondents Mr.Vivek Patil i/b. M/s.Paras Kuhad & Associates Advocate for the Applicant Mrs.P.P.Bhosale, A.P.P for the State CORAM: SMT.ROSHAN DALVI, J. DATED: 14TH DECEMBER, 2009 P.C. 1.This is an application for leave to file Appeal. The criminal prosecution is under Section 138 of the Negotiable Instruments Act on dishonoured cheque issued by the purchaser on purchase of certain goods from the complainant. The goods were found to be defective. A complaint was made. The complaint has not been heeded. The cheque, which was given is stated to be duly filled-in all material particulars, came to be dishonoured. The notice on dishonour was given. A 2 reply to the dishonour notice shows the damages suffered for defects in the goods. It also shows certain settlement arrived at, to determine the balance amount payable, which the noticee was ready to pay. The rejoinder to the notice shows that cheques were issued after verifying the quantity and quality of the material and delivery of the goods were not disputed. 2.Leave to file Appeal is granted. The defence, if any, of the Respondent NO.1 shall have to be considered upon the transaction of purchase and sale of goods. 3.Issue Notice upon Respondent No.1. Call for R & P. Hamdast allowed. 4.The Applicant shall serve Respondent No.1 by RPAD & UPC and upon failure of such service again by publication. 5.Notice is made returnable on 31 st March 2010. (SMT. ROSHAN DALVI, J.)