1 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 881 OF 2009 IN CRIMINAL APPEAL NO. 36 OF 2009 Smt. Arti Ashok Sutrale .. Applicant Vs. Rajendra J. Bhavsar and another .. Respondents Shri S. L. Prabhu for the Appellant/Applicant Ms. S. V. Gajare, APP for the Respondent-State CORAM :SMT. MRIDULA BHATKAR, J. DATE : 22nd September, 2009. P. C. 1. Heard. 2. The original complainant has filed this appeal against the order dated 16.7.2008 passed by the learned J. M.F.C. Malegaon, acquitting the accused form the offence punishable under Section 138 of the Negotiable Instruments Act. 3. Leave to appeal was granted and the appeal is already admitted. 4. In the Appeal, the appellant i.e. original complainant has filed this application praying that the action be taken under Section 390 of the Criminal Procedure Code. 2 5. The Application is Allowed. 6. Accused to surrender before the J.M.F.C. Malegaon. 7. J.M.F.C. Malegaon to take action under Section 390 of the Cr.P.C. and the accused be bailed out immediately. 8. Criminal Application is disposed of accordingly. (MRIDULA BHATKAR, J.)