1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.757 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Coram: P.R. Borkar, J. Date : March 02, 2010 1. Heard Advocate Shri G.A. Gadhe, holding for Advocate Shri M.V. Thorat for the applicant. 2. This is an application seeking leave to file appeal against the order passed by the learned J.M.F.C. (5th Court), Nanded, in S.C.C. No.485 of 2006 on 22.1.2009, thereby acquitting the respondent-accused of the offence punishable under Section 138 of the Negotiable Instruments Act. 3. The acquittal is on two grounds, namely, there is no proper service of notice as required by law and secondly the cheque was not in discharge of the legal liability. So far as service of notice is concerned, copy of the same is at Exhibit 34 and copy of unclaimed envelope is at 2 Exhibit 36. Address given is of post Belwadi, Malakoli, Taluka Loha, District Nanded. The learned trial court considered presumption under Section 27 of the General Clauses Act. It is observed that such presumption of service of notice can be drawn in case address is correct. The accused has denied that he is resident of post Belwadi and for that purpose, he relied upon the address given on Vakalatnama which shows his address at post Malakol, Taluka Loha. 4. In cross examination, the complainant admitted that he could not get any document to show that the accused is resident of Belwadi which is different than village Malakoli. The complainant also admitted that native place of accused is Malakoli and not Belwadi. The trial court, therefore, held that there was no proper service as address was not properly given. 5. Learned counsel for the applicant drew my attention to the address given in the complaint, which is to the effect " r/o at Post Bailwadi, Post Malakoli, Taluka Loha, district Nanded (through P.S. Malakoli, Taluka Loha Dist. Nanded)". So, in the complaint, address given was "post 3 Bailwadi, post Malakoli". It is said that accused was resident of both the places. In the circumstances, it appears that the police could serve notice on the accused . The reasons given by the learned trial court are proper, requiring no interference in the impugned order. 6. Application, therefore, stands dismissed. pnd/criap757.10 (P.R.BORKAR, J.)