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.2020 OF 2008 Jawaharlal Yadav. .. Applicant. vs. Subedar B. Kahar & Anr. .. Respondents. Mr M. C. Shah i/b J. B. Singh for the applicant. Mr Prakash Fernandes for Respondent No.1. CORAM: CORAM: CORAM: A.R. JOSHI,J. A.R. JOSHI,J. A.R. JOSHI,J. DATED : 16TH APRIL,2009. DATED : 16TH APRIL,2009. DATED : 16TH APRIL,2009. P.C.:- P.C.:- P.C.:- 1. Heard rival submissions for some time. It is the application of the original complainant for leave to appeal against the order of acquittal purported to have been passed under Section 256 of the Cr.P.C. in the matter of offence under Section 138 of the N.I.Act. Admittedly, the original complaint was filed before the M.M.Court on 5.1.2007. Thereafter, the accused appeared and was released on P.R.bond. Thereafter, the matter was adjourned from time to time. It was fixed on 6.10.2007 for evidence of the complainant. The complainant remained absent on 6.10.2007 and 29.10.2007. Thereafter, the learned Magistrate was on leave on 26.11.2007. Thereafter, again on 20.12.2007 the complainant was absent and the accused preferred application for dismissal. Matter was adjourned to 21.1.2008 when the complainant and his advocate were absent. The order of acquittal was passed which is challenged in the present appeal with leave to appeal. 2. Considering the circumstances and considering the matter of bouncing of cheque of Rs. 1,50,000/- and considering different dates as mentioned above, in the opinion of this Court, leave is required to be granted. Hence, leave to appeal is granted. The appeal is admitted. R and P be called. (A.R.JOSHI,J.) (A.R.JOSHI,J.) (A.R.JOSHI,J.)