1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NOS. 3500/2009 AND 3501/2009. Vishwanath Rambhau Dabhade ..Petitioner versus Sangam Gyanoba Sane ..Respondent. Smt. V.S. Ghenakar Advocate for appellant Shri S.S. Suryawanshi A.P.P. For State CORAM : P.R. BORKAR, J Date : 07-11-2009 PER COURT : 1. Heard Shri D.L. Khivsara advocate for applicant. 2. In both these matters the present applicant is original complainant who had filed complaint for commission of offence punishable u/s 138 of Negotiable Instrument Act against the respondent. The Court of Magistrate convicted the respondent. However, the Sessions Court in appeal allowed the appeal and set aside the order of conviction on the ground that the complaint was filed pre-maturely. It was filed within 15 days after receipt of notice by respondent, during which period he had 2 an opportunity to repay amount and thus avoid the prosecution. The learned advocate Shri Khivsara relied upon two cases one of our High Court Premchand Kotecha v/s Matadin Joshi 2001 ALL M R (Cri) 890 and other is Supreme Court Judgment in the case of Narsing Tapadiya v/s Govardhan Das 2001 (1)Mh.L.J. (S.C.) page 154. 3. In view of cases cited and the reasons given by Sessions Court for acquittal, these applications are allowed. 4. Leave to file appeal is granted. 5. Appeals be registered. (P.R. BORKAR, J) tsk/criapln3501.09