IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2237/2009 Rekha D.Sathe Applicant Vs. Vilma Fernandes & Anr. Respondents Mr.Machindra Deshmukh for applicant Mr.Gunratan Sadavarte for Res.no.1 Mr.S.A.Shaikh APP for State CORAM: MRS.MRIDULA BHATKAR,J. DATE : 4th SEPTEMBER,2009 P.C. . Despite of the service none present. Heard learned counsel for applicant. The appeal is filed against the order of acquittal of the accused from the offence punishable under section 138 of the Negotiable Instruments Act. .The judgment of acquittal is based on the issue that if the cheque is issued against the account closed then it is not covered under section 138 of the Negotiable Instruments Act. Reliance is placed on NEPC Micon Ltd.and others Vs.Magma Leasing Ltd.reported in 1999 Cri.L.J.2883. A case is made out for grant of special leave. Leave granted. Appeal is admitted. Call for record and Proceedings. Action under section 390 of the Code of Criminal Procedure,1973 . First respondent shall be forthwith enlarged on appropriate bail. (MRS.MRIDULA BHATKAR,J.)