1 APPLN-1205.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPLICATION NO.1205 OF 2011 Mrs. Freni Hoshedar Mehta .... Applicant Vs. Rakesh D. Trivedi & Anr. .... Respondents Ms Phiroza Irani with Ms Pushpa H. Goswami for the Applicant. Smt. V.R. Bhosale, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: NOVEMBER 17, 2011 P.C: 1. This is an application for leave to file appeal against the acquittal of the respondent ordered by the learned Metropolitan Magistrate, 60th Court, Kurla, Mumbai for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The learned Magistrate relying on a Judgment of the Delhi High Court in M/s. Alliance Infrastructure Project Pvt. Ltd. & Ors. v. Vinay Mittal, reported in 2010 (2) Crimes 672 (Delhi), found that since the amount claimed in the notice of demand was more than the amount payable to the complainant and since the notice did not 2 APPLN-1205.11 indicate the basis for the demand made, the notice was not a valid or legal notice. 2. The learned counsel for the applicant points out that the notice elaborates the basis for the amount so claimed and which amount was not more than the amount of the cheque. She relied on a Judgment of the Supreme Court in Suman Sethi v. Ajay K. Churiwal and another, reported in AIR 2000 SC 828. 3. In view of the above, leave granted. Appeal admitted. Call for the R & P.. Action under Section 390 of Cr.P.C. to follow. 4. The application accordingly stands disposed of. (R.C. CHAVAN, J.)