1 APPLN-4722.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.4722 OF 2009 Vijay Sonraj Oswal .... Applicant Vs. Santosh Manikchand Raisoni & Anr. .... Respondents Shri J.B. Kocheta for the Applicant. S/Shri Mayur Joglekar a/w Vishal Muglikar for Respondent No.1. Shri S.A. Shaikh, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: AUGUST 12, 2011 P.C: This is an application for leave to file appeal against the acquittal of the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act. The applicant had sent a notice by registered post within the prescribed period after dishonour of the cheque. This was returned with the remark left address . The applicant had also sent a notice under certificate of posting on 1-9-2007 and not on 24-8-2007 when the notice was sent by registered post. The learned Magistrate therefore held that the notice sent 2 APPLN-4722.09 under certificate of posting was beyond the prescribed period and the notice sent by registered post had been returned unserved and therefore there was no service and therefore proceeded to acquit the respondent. In view of the observations of the Supreme Court in C.C. Alavi Haji v. Palapetty Muhammed and another, reported in (2007) 6 SCC 555, the significance of the notice is only to enable the accused to pay pursuant to demand of the amount under the dishonoured cheque. In this case, it is not that the applicant had not sent notice by registered post. If it was not received since the respondent had left the place where he was residing, if the respondent so desired, he could have complied with the notice after receipt of summons from Court. The learned counsel for the applicant points out that the summons from the Court was however received by the accused on the same address. In view of this, leave granted. Appeal admitted. Call for the R & P.. Since the learned counsel appearing for the respondent states that they would be representing the respondent, action under Section 390 of Cr.P.C. is dispensed with. The application accordingly stands disposed of. (R.C. CHAVAN, J.)