-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 3833/2008 IN CRIMINAL APPEAL NO. 734/2008 ( Dr. Bharat Anandrao Nanwate ..versus.. Nawalchand Madanlal Soni ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------- - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 26 th JUNE, 2009 Heard Shri De, the learned Counsel for the applicant and Shri Harkare, the learned Counsel for the respondent. This is an application for grant of leave to file appeal under Section 378 [4] of the Criminal Procedure Code. The respondent has been acquitted by the Judicial Magistrate First Class, 4th Court, Pusad under Section 138 of the Negotiable Instruments Act in S.C.C.No. 608/1999 on 23.09.2008. Perusal of the judgment reveals, that the trial Court has held that the complainant has failed to prove the requirement that notice has been served on the accused. It has been specifically observed that “the complainant has failed to show that the accused has deliberately avoided service by managing the postal authorities. So as per the above discussion and the ratio laid down in aforesaid authorities I held that there was no valid service of notice on accused.” -2- It will be thus seen that in the opinion of the trial Court, there was no service of required notice against the accused. I have heard the learned Counsel for the applicant. It is difficult to say that the service on the respondent can be held to be valid. In these circumstances, the very basis of the complaint fell, as such leave cannot be granted. The application is therefore, rejected. Consequently the appeal also stands rejected. JUDGE Rgd