1 appln 3329 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3329 OF 2010 Ajit Singh Maliksingh Rajpa .. Applicant. -versus Nichmalas S.Picardo and anr .. Respondents. Mr. J. S. Kapre, for the Applicant. Mrs. U. V. Kejariwal, APP for the Respondent State. None for the respondent No.1. CORAM: R.C. CHAVAN, J. DATED: 22nd June, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of the respondent for the offence punishable under Section 138 of the Negotiable Instrument Act. The learned Magistrate held that since the respondent was allegedly in arrears of rent consistently, the applicant landlord should have issued notice for recovery of the rent or for securing possession of the premises. Since this was not done the learned Magistrate expressed doubt as to whether respondent was really in arrears of rent and the cheque in question was issued. The only suggestion given in the cross examination of the applicant is that the rent of the premises was not Rs. 18,000/- and it wasRs.15,000/- per month. Considering this 2 appln 3329 of 2010 leave granted. Admit Call for Record and proceeding. 2. Action under Section 390 of Criminal Procedure Code. (R. C. CHAVAN, J.)